OHIO SCHOOL LAWS, 



REVISED STATUTES, PART SECOND, TITLE III. 



PASSED BY THE 



SIXTY-THIRD aE]S'ERAL ASSEMBLY, 



JUNE 20th, 1879, 



AND TO TAKE EFFECT JANUARY 1st, 1880 ; 



WITH NOTES, OPINIONS, INSTRUCTIONS, AND BLANK FORMS, 



PREPARED BY THE 



STATE COMMISSIONER OF COMMON SCHOOLS. 

/3>^' LAW ^ 

'^ DEPARTMENt 




COLUMBUS: 

NEVINS & MYERS, STATE PRINTERS. 

1879. 



L3zsz^ 
,(Dz 

/S7f 



CONSTITUTION. 



ARTICLE VI.— EDUCATION. 

Section 1. The principal of all funds, arising from the sale, or other dispo- 
position of lands, or other property, granted or intrusted to this State for educa- 
tional and religious purposes, shall forcvir be preserved inviolate and undi- 
minished ; and the income arising therefrom shall be faithfully applied to the 
specific objects of the original grants or appropriations. 

Sec. 2. The General Assembly shall mate such provisions, by taxation or 
otherwise, as, with the income arising from t^e school trust fund, will secure a 

THOROUGH AND EFFICIENT SYSTEM OF COMMON SCHOOLS THEOUGHOUT THE 

State ; but no religious or other sect or sects ihodl ever have any exclusive right 
to, or control of, any part of the school funds of this State. 




INTRODUCTOllY. 



Office of State Commissioner of Common Schools, 
Columbus, Ohio, July 25, 1879. 

S. J. R. NO. 92. 
Be il resolved ly the General JssemiJy of the Stale of Ohio, That the supervisor of public 
printing be and ia hereby instructed to have piiated and bound in muslin twenty- 
five thousand (25,000) copies of the school laws of 1^79, with such notes and decisions 
by the commissioner of common schools as that oflBcer may deem necessary, with a ref- 
erence to tach section of the law so explained Ly said commissioner. 

Five thousand (5,000) for the use of the comm ssioner of common schools; and'five 
thousand (5,000) copies to the members of the general assembly ; and the remainder to 
be distributed by the secretary of state to the county auditors of the several counties of 
the state in proportion to their population, to be fuither distributed by said auditors, as 
follows : One copy to the cleik and one to the treasurer oi each township; one copy to 
the clerk of each gchool district and sub-district; one copy to each prosecnting attorney 
and probate judge ; and one copy to the clerk of each board of school examiners. 

The copies distributed through the county auditors to be preserved by their several 
recipients and handed over to their respective successors in office. 

JAMES E. NEAL, 
Sj)ca1cer of the House of Eepresentatives. 
JABEZ W. FITCH, 

President of the Senate. 
Passed June 12, 1879. 

This edition of the school title has been prepared in obedience to the 
above resolution of the General Assembly. 

There has been for two years past a steady demand for copies of the 
school laws from county ollicers and members of school boards, which de- 
mand could not be supplied. 

The last edition was exhausted, and at any rate so many changes in 
the law had been made since its publication as to render it a very unsafe 
guide. 

In the preparation of the notes to this volume, the commissioner has 
been greatly aided by the official opinions of his predecessors, as con- 



4 OHIO SCHOOL LAWS. 

tained in the volume of school laws published in 1858, prepared by Hon. 
Anson Smyth, and containing likewise opinions of Hon. H. H. Barney; 
the edition of school laws in 1865 by Hon. E. E. White, and a manu- 
script written by Hon. T. W. Harvey. 

In some cases their rulings as to the construction of the law have 
passed into the text of the law ; in other instances, these are no longer' 
applicable, owing to changes in the statute ; in manj^ others, these opin- 
ions concerning the force of a section of the law, and utterances with 
regard to the unwritten law — custom, are the exact matters to be pre- 
sented to school officers. 

These helps, however, are not available in construing the large num- 
ber of new statutes, or amendments to old ones, which have been enacted 
during the past two winters, and some of which now, for the first time, go 
into effect. 

Concerning the latter, I am frank to confess that it would be easier 
to prepare notes explaining matters whose meaning does not lie entirely 
upon the surface, if the letters from school officers and teachers to be 
written during the next few years were now at hand. 

I return my thanks to the Attorney General of Ohio, Hon. Isaiah 
PiUars, for his uniform courtesy and discreet advice upon legal points 
submitted for official opinion. 

This manual has been prepared amid a press of duty which scarcely 
left time for the absolute necessities of the work. I fear that it bears the 
signs of hurried composition, but trust its errors are of form and not of 
fact. 

I send it forth with the hope that it will be of great help to school of- 
ficers in the performance of their duties, 

J. J. Burns, 

State Commissioner of Common Schools. 



CFAPTER 1. 
CHAPTER 2. 
CHAPIER 3. 



CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 8. 
CHAPTER 9. 
CHAPTER 10. 
CHAPTER 11. 
CHAPTER 12. 
CHAPTER 13. 
CHAPTER 14. 



TITLE III. 

SCHOOLS. 



Classification and change of districts. 

City districts of the first class. 

City districts of the second class, and village 

districts. 
Township and special districts. 
Joint sub-districts. 
School funds. 

Provisions applying to all boards. 
School-houses and libraries. 
Schools, and attendance enforced. 
Enumeration, treasurer, and clerk. 
Reports. 
Examiners. 
Teachers' instituies. 
Cincinnati and Tuledo universities. 



CHAPTER 1. 



CLASSIFICATION AND CHANGE OF DISTRICTS. 



Section 

3885. Classes of school districts. 

3886. City districts of iirst class. 

3887. City districts of secoud class. 

3888. Village districts. 

3889. Change of classification in certain 

cases. 

3890. Township districts. 
3891. ' Special districts. 



Section 

3892. Botindaries of sub-districts not 

changed. 

3893. Transfer of territory from one dis- 

trict to another. 

3894. Township districts may become vil- 

lage districts. 

3895. How vote sh.-.ll be taken. 

3896. How board organized. 



Section 3885. The state is hereby divided into school classes of 

School diBtrictSj 

districts, to be styled respectively city districts of the first 
class, city districts of the second class, village districts, 
special districts, and township districts. [70 v. 195, § 1.] 
Sec 3886. Each city having a population of tenthou- 



SCHOOL district. 



The term "school district" is fully defined in the first seven sections 
of this title. 

Territory attached for school purposes. — The phrase "territory attached 



OHIO SCHOOL LAWS. 



Ch. 1. 



Classi Beat ion and Chan";e of Districts. 



City fliatricts of 



Oity districts of 
aecoiid olass. 



Village dis- 
tricts 



CViaufce of cla*?- 
silication in cer- 
tain cases. 



ro\mship dis- 
bdctB. 



eand or more, by the census of 1870, including the territory- 
attached to it for school purposes, and excluding the territory 
within its corporate limits detached for school purposes, shall 
constitute a school district, to be styled a city district of the 
first class. [70 v. 19-5, § 2.] 

Sec. 3887- Eachcityof the second class, having a popu- 
lation of less than ten thousand b}' the census of 1870, in- 
cluding the territory attached to it for school purposes, and 
excluding the territory within its corporate limits detached 
for school purposes, shall constitute a school district, to be 
styled a city district of the second class. [70 v. 195, § 3.] 

Sec. 3888. Each village, including the territory attached 
to it for school purposes, and excluding the territory within 
its corporate limits detached for school purposes, shall con- 
stitute a school district, to be styled a village district, [74 
V. 140, § 4.] 

Sec. 3889. Municipal corporations hereafter created, 
or advanced to a higher grade, except villages created by ad- 
vancement or otherwise, shall, from and after their creation 
or advancement, be school districts corresponding to their 
grade as herein provided. [70 v. 195, § 5.] 

Sec, 3890. Each organized township, exclusive of any 
of its territory included in a city, village, or special district, 



for school purposes," as used in sectioEs 3886, 38S7, and 3888. evidently 
applies to territory not included in the corporate limits of a city or vil- 
lage, hut which, at the time of its oigauization, formed a part of the 
school district or sub district to which the tsrritory of such city or village 
bfcloni^ed ; or to territory transferred from one district to another, lor 
school purposes, under section 381(3 of this chapter. 

"Teiritory detiched for school purposes" is territory taken into the 
corporate limits of a city or village, but not transferred by mutual con- 
sent of the boards > f education concerned ; or territory formally trans- 
ferred by the city or village -district to a district adjoining. 

Sec. 3889. The exception of "villages created by advancement or 
otherwise," hereafter is explained by reference to chapter 3, section 
391^. 

Sfc. 3890. Under this section a change of township boundaries works 
a corresponding change in the township district boundaries. 



OHIO SCHOOL LA.WS. 



Classification and Change of Districts. Ch. 1. 

shall constitute a school district, to be styled a township dis- 
trict. [70 V. 195, § 7.] 

Sec. 3891- Any school district now existing, other than special dis- 
tricts, 
those mentioned in sections thirty eight hundred and eighty- 
six, thirty- eight hundred and eighty seven, thirty-eight hundred 
and eighty eight, and thirty-eight hundred and ninety, which has 
been established by a vote of the people in accordance with 
any act of the general assembly, or which has been estab- 
lished by a general or local act of the general assembly, shall 
constitute a school district to be styled a special district ; 
and such districts may be established as provided in chap- 
ter five of this title. [70 v. 195, § 6.] . 

Sec. 3892. The several sub-districts and joint sub-dis- 
tricts now existing within any township district shall con- Bnundarips of 
tmue, according to their respective boundaries, to be sub-dis- not ciiauged. 
tricts or joint si^-districts thereof, subject to the provisions 
of this title. [70 v. 195, § 8.] 

CHANGE OF DISTRICT. 

Sec. 3893- A part or the whole of any district may be 
transferred to an adjoining district, by the mutual consent ^.p^nsferof ter- 
of the boards of education having control of such districts ; di-fict to an- 



but no such transfer shall take effect until a statement or 
map, showing the boundaries of the territory transferred, is 

Skc. 3891. The terms "separate district," "independent distiict," 
"union school district," are here shown to be obsolete. 

Sec. 3892. Sub-districts are the sub-divisions ot a township organized 
for school purposes. These sub-divisions are made by towus^hip boards 
of education, by commihsioners appointed by the probate court, and by 
the general assembly. 

Concerning joint sub-districts see chapter .5. 

Sec. 3693. Territory transferred under this section becomes part of 
the school district to which it is annexed. Tue qualified voters residing 
thereon are entitled to vote at all school elections, and all taxes for school 
purposes must be assessed upon all the property of the district. 

The right of appeal to the county commissioners is given as agaiust 
such transfer ; but if there is a failure of the boards of education to agree 
to the transfer, no right of appeal exists. 



other. 



OHIO SCHOOL L AS. 



Ch. 1. Classification and Change of Districts. 

entered upon the records of such boards, nor, except when 
the transfer is for the purpose of forming a joint sub-district 
until a copy of such statement or map, certified by the clerks 
of the board making the transfer, is filed with the auditor^of 
the county in which the transferred territory is situate ; 
and any person living in the territory so transferred may 
appeal to the county commissioners, as provided in section 
thirty-nine hundred and sixty-seven, and the commissioners, 
trhrtsmaybe^-" ^^ their first regular meeting thereafter, shall approve or 

come village 

districts. vacate such transfer. [70 v. 195, § 40.] 

Sec. 3894. The board of education of any township 
district may decide to submit, and, on petition of one-third 
of the electors of the district, shall submit, at the first regu- 
lar election for township officers after such decision is made 
or petition received, the question whether such township 
district shall be governed by the provision^ of this title re- 
lating to village districts ; and the board shall give notice of 
the vote to be taken, by posting up written or printed 
notices, in ten or more public places in the township, at 
least twenty days prior to such election. [70 v. 195, § 155.] 

S'tlkTn^ shall ggc. 3895. The election shall be conducted by the town- 
ship trustees, who shall provide a separate ballot-box and 
separate poll-books, and make a return of the vote to the 
township clerk, and also to the commissioner of common 
schools, within five days after the election ; and the persons 
voting at such elections in favor of such change shall have 
written or printed on their ballots — " School District," and 
those opposed to such change — "No School District." [70 v. 
195, § 156.] 

Secs. 3894, 3695, 3H96. The directors of the township cease to be di- 
rectors, and their office is abolished, as soon as the new township board 
is created with all the powers of a village board. 

The result of this change would be a simpler and more effective system 
for the management of the township schools. 



OHIO SCHOO LAWS. 



City Districts of the First Class. 



Ch.2. 



Sec. 3896. At the annual organization of the township gj^J^f^^ "^- 
board after any such election, if it be found that a majority 
of the votes cast were in favor of the change, the board shall 
select, by vote or lot, six persons to serve as a township 
board of education, two of whom shall serve for three years, 
two for two years, and two for one year ; and such board shall 
thereafter be governed by the provisions of this title relating 
to boards of village districts. [70 v. 195, § 157.] 



CHAPTER 2. 



CITY DISTRICTS OF THE FIRST CLASS. 



Section 

3897. Board of education — how consti- 
tuted, and how membership in- 
creased. 
When two members for each ward, 

how elected. 
When one member for each ward, 
how elected. 



3898. 



3899. 



Section 

SiiOO. Where certain electors to vote; 
plats of attached territory. 

3901. Conduct of elections. 

3902. How electors on attached territory 

to cast ballots. 

3903. Meetings and certain powers of the 

board. 



Section 3897- In city districts of the first class, the Board of educa- 
tion — how con- 
board of education shall consist of two members for each stituted. and 

how momber- 
j i-Ti-j. • -\ J 1 -J- sliip increased. 

ward, except m districts organized under a law providing 
for one member only for each ward, in which districts the 
board may at any time, by a vote of a majority of its mem- 
bers, provide that thereafter each ward shall be represented 
by two members, and thereupon proceed to choose one addi- 
tional member for each ward, to serve until the next annual 
election for city officers, and until the election and qualifica- 
tion of his successor ; and each member of the board shall 



CHANGE OF RESIDENCE. 

Seo. 3897. When a member of the board of education removes from 
the district, or from his ward, in case the district is divided into wards, 
or a director removes from the sub-distriet, he vacates his office. 

Likewise, if the territory upon which such officer resides be transferred 
to another district^ ward, or sub-district. 



10 



OHIO SCHOOL LA.W3. 



Ch. 2. 



Citv Districts of the Fir!?t Class. 



When two 
nieiiibers for 
each ward, how 
elected. 



"WTien one ni em- 
ber lor each 
■ward, how 
elected. 



"WTiere certain 
elfCtoistn » ots; 
platsof attached 
teriitorji. 



be an elector of the ward for which he is elected or appointed. 
[70 V. 195, §§ 9, 10.] 

Sec. 3898. At every annual election for city oflBcers in 
a city which constitutes a district of the first class, and 
wherein the board consists of two members for each ward, 
there shall be elected in each ward, by the qualified electors 
thereof, one judicious and competent person to serve as a 
member of the board of education of the district, for two 
years from the third Monday of April succeeding his election, 
and until the election and qualification of his successor. [TO 
V. 195, §11.] 

Sec. 3899. When the board consists of as many mem- 
bers as there are wards, there shall be elected, at the annual 
election for city officers, in the year eighteen hundred and 
eighty, and every two years thereafter, in each ward desig- 
nated by an even number, and in the year eighteen hundred 
and eighty-one, and every two years thereafter, in each ward 
designated by an odd number, by the qualified electors there- 
of, one member of the board, who shall hold his office for two 
years, and until the election and qualification of his suc- 
ces?or. [70 v. 195, § 11 : 71 v. 55, §§ 1, 2, 3 ] 

Sec. 3900.' An elector residing in the city district, but 
not in any ward of the city, shall be entitled to vote in the 
ward to which he is attached by the board of education for 
school purposes; but an elector residing in the city, and not 
in the city district, shall not be entitled to vote at any elec- 
tion provided for in this chapter ; the board shall ascertain 
whether the city limits are co-extensive with the limits of 
the school district; and iu ca=e the school district includes 
territory without the corporate limits, the board shall make 
or cause to be made a plat of the territory so attached for 
school purposes, designating thereon by metes and bounds 



OHIO SCHOOL LAWS. 11 



City Di(-tiict8 of the Fir^C Class. Ch. 2. 

the ward or wards to which such attached territory is to be 
thereafter assigned; which plat shall be recorded as a part 
of the proceedings of the board. [70 v. 195, §§ 10, 11.] 

Sec. 3901. The election provided for in section thirty- ^i^p^j^^g"^ ■ 
eight hundred and ninety-nine shall be conducted by the 
judges and clerks of the city elections, and they shall make 
returns of such election to the board of education within 
five days from the time of holding the same. [70 v. 195, 
§13.] , 

Sec. 3902. The judges and clerks of city elections, in How electors 

OH 3.Lt3.Cil6Cl 

the wards to which any territory beyond the city limits has casVbaiioM. 
been attached by the board of education for school purposes, 
shall have two separate ballot-boxes and two sets of poll- 
books ; the electors residing on such attached territory may 
vote at all regular and special elections in such wards for 
members of the board of education; the judges of election in 
such wards shall receive the ballots of the electors residing 
on such attached territory, and deposit them in the ballot-box 
provided for that purpose; the clerks of election shall enter 
upon the separate poll-books provided for that purpose the 
names of such electors so voting ; and due returns of such 
elections for members of the board shall be made as provided 
by section thirty nine hundred and one. [70 v. 195, § 12. 

Sec. 3903. The board of education shall hold regular Meetings and 

certaiD powers 

meetings once QYery two weeks, and such special meetings as of the board, 
it may deem necessary ; it may fill all vacancies that occur in 
the board until the next annual election, and may make such 
rules and regulations for its own government as it may deem 
necessary; but such rules and regulations must be consist- 
ent with the constitution and laws of the state. [70 v. 195, 
§14] 



12 



OHIO SCHOOL LAWS. 



Ch. 3. 



City Districts of the Second Class, and Village Districts. 



CHAPTER 3. 



CITY DISTRICTS OF THE SECOVD CLASS, AND VILLAGE 
DISTEICTS. 



Membership of 
board of ednca- 
tion. 



Election of 
members in 
city districts. 



Sectfon 

390-1. Membership of board of education. 
Election of members in city dis- 
tricts. 
Conduct of the election. 
Election when as many members 

as wards. 
Election in Tillage districts. 



3905. 



3906. 
3907. 



3908. 



Section 

3909. Notice of elections. 

3910. EtiturDS to be made to board. 

3911. How membership increased. 

3912. How village may become village 

district. 

3913. How village district organized. 

3914. Organization of board. 



Section 3904. In city districts of the second class, and 
in village districts, the board of education shall consist of six 
members, except in districts organized under a law provid- 
ing for only three members, who shall have the qualifica- 
tions of an elector therein, and in such districts the mem- 
bership may be increased to six, in the manner hereinafter 
provided ; but the board of a city district of the second class 
may provide, by a vote of a majority of its members, that 
the board shall consist of as many members as the city has 
wards. [70 v. 195, §§ 16, 17.] 

Sec. 3905. In city districts of the second class, except 
such as are mentioned in section thirty-nine huridred and 
seven, members of the board of education shall be elected 
annually, to serve for the term of three years from the third 
Monday of April succeeding their election, and until the 
election and qualification of their successors; if the board 
consists of six members, two judicious and competent per- 
sons shall be elected each year ; and if the board consists of 
three members, one such person shall be elected each year. 
[75 V. 53, § 18.] 



OHIO SCHOOL LAWS. 13 



City Districts of the Second Class, and Village Districts. Ch. 3. 

Sec. 3906. If the boundaries of the district and the city conduct of the 

election. 

are identical, or, if territory has been detached from the city 
and attached to another district, the election shall be con- 
ducted exclusively by the judges and clerks of the city elec- 
tion, but electors residing within the bounds of such detached 
territory shall not vote thereat ; but if territory outside the 
city limits is attached to the district, an election shall also 
be held for the same purpose in the township from which it 
was detached, and conducted by the judges and clerks of the 
township election, but only electors residing within the 
bounds of such territory shall vote thereat; the election shall 
be held at the same time and places as the elections for city 
or township officers are held ; the names of candidates for 
such membership shall be upon separate tickets, and all such 
tickets voted shall be deposited in separate ballot-boxes, 
which shall be provided by the board oi education ; separate 
poll-books of the election shall be kept ; and returns of the 
election shall be made to the clerk of the city which consti- 
tutes the district. [75 v. 53, § 18.] 

Sec. 3907. In a city district of the second class in which Election after 

mem^iership 

the board consists of as many members as the city has wards, increased. 



Sec. 3906. There has been some misunderstanding as to the meaning 
of this section, but I think that there can be no doubt of the correctness 
of this construction : that the electors of each ward vote at the ward 
polls for two members of the board, on a separate ticket, and in a separate 
ballot-box, provided by the board of education. 

If any portion of the school district is outside the corporate limits of 
the city the board of education must place a ballot box "at the usual 
place of holding ejections for township officers," and in this, persons re- 
siding in the school district, but out of the city, may vote for niprabers 
of the board. Returns from the various polls are to be made to the city 
clerk. 

The board of education in a city district of the second class has the 
power to declare that said board shall consist of as many members as the 
city has wards. If this has been done in any case, each ward elects its 
own members, the election being conducted in the manner laid down in 
section 3902 of this title, 

Until the erection into a village district and organization by the elec- 
tion and qualification of a board of education, no portion of the sub-dis- 
trict included in such village is withdrawn from the school jarisdictioa 
of the township. 



14 OHIO SCHOOL LAWS. 



Ch. 3. City Districts of the Secoud Class, aud Villige Districts. 

there shall bs elected bieanially in each ward, at the time 
and in the manner provided in the preceding chapter for 
election in city districts of the first class, one competent and 
judicious person to serve as a member of the board for two 
years from the third Monday of April succeeding his elec- 
tion, and until the election and qualification of his succes- 
sor; but at the first election after it is decided that the board 
shall be so constituted, the persons elected in wards desig- 
nated by odd numbers shall serve for only one year from the 
third Monday of April succeeding their election, and until 
the eleition and qualification of their successors; and the 
board shall ascertain the limits of the district, assign at- 
tached territorj^ to wards, and make and record a plat there- 
of, as provided in section thirty-nine hundred. [75 v. 53, 
§ 18; 70 V. 195, § 10 L] 
Sl^edisnicts'^"' ^EC- 3908. In village districts members of the board 
of education shall be elected on the first Monday of April 
annually, to serve for the term of three j'ears from the third 
Monday of April succeeding their election, and until the 
election and qualification of their successors ; the qualified 
electors of the district, including those residing within the 
bounds of territory attached to the district, but beyond tiie 
village limits, shall meet between the hours of six o'clock 
A M. and sis o'clock P.M. of said day, at the 'usual places of 
holding school elections, organize by the appointment of a 
chairman and secretary, and proceed to vote by ballot for 
persons to serve as members of the board ; and if the board 
consists of six members, two judicious and competent per- 
sons shall be elected each year, and if it consists of three 
members, one such person shall be elected each year. [75 v. 
53, § 18.] 



OHIO SCHO'L LAWS. 15 



City Districts of the Second Class, and Village Dibtricts. Ch. 3. 

Sec. 3909. The clerk of the board of education of each Noticeof elec- 
tions. 

city district of the second class, and of each village district, 
shall publish a notice of the election and meeting provided 
for in the preceding sections, in a newspaper of general cir- 
culation in the district, or post written notices of such meet- 
ing in five of the most public places in the district, at least 
ten days before the holding of the same, which notice shall 
specify the time and place of the election or meeting, and 
the number of members to be elected. [75 v. 53, § 19.] 

Sec. 3910. The secretary of the meeting or clerks of ^l^/tobolni 
elections in village districts provided for in this chapter 
shall keep a poll-book and tally-sheet, and return the same 
within five days after the election to the clerk of the board 
of education of the district, duly certified. [75 v. 53, § 20.] 

Sec. 3911. When the electors of a city district of the Howmenibpr- 

shipjincreased. 

second class, or of a village district, the board of education of 
which consists of three members, desire that the board shall 
consist of six members, they may make such change in the 
manner following : Written or printed notices shall be posted 
in at least five of the most public places in the district, at 
least ten days prior to the day designated therein, signed by 
a majority of the members of the board of education, or by 
one member of the board and at least ten resident electors of 
the district, requesting the qualified electors of the district 
to assemble on a day, and at an hour and a place, to be desig- 
nated therein, then and there to vote for or against such 
change ; the electors, when assembled in accordance with the 
notice, shall appoint a chairman and two clerks, who shall 

TIME OF NOTICE. 

Sec. 3909. In crmputirg the tiwe of the notice, either the day on 
which the notiue was po-ted or ihe day on which the meeting was held 
will bo couuTed. [•iUth Vermont, 4r7.] 

A notice for m scnool eleciion must state the purposes for which it is 
held. Should a vote bs taken on any other sunj-ct than that or those in- 
cluded in the notice, the election would be illegal, Li4th Vermont, 300.] 



16 OHIO SCHOOL LAWS. 



Ch. 3. City Districts of the Second Class, and Village Districts. 

be judges of the election ; the electors in favor of the pro- 
posed change shall have written or printed upon their bal- 
lots the words, " Board — change," and those opposed thereto 
the words, " Board — no change," and the ballots cast shall 
determine the question whether the change shall be made ; 
the judges shall make due return of the election to the board 
of education of the district, within ten days after the hold- 
ing of the same ; and if a majority of the votes cast be found 
to be in favor of the change, three additional members of the 
board shall be chosen at the next annual election for school 
officers, one to serve for one year, one for two years, and one 
for three years, and annually thereafter two members of the 
board shall be chosen to serve for three years, as provided in 
section thirty-nine hundred and five. [70 v. 195, § 21.] 
ma^bSome ^'^^- 3912. When the electors of a village desire to erect 

dge trie . ^^ ^^^^ ^ village district, they may proceed in the following 
manner : Written or printed notices, signed by not less than 
five electors, resident of the village, shall be posted, at least 
ten days prior to the day designated therein, in at least five 
of the most public places within the village, requesting the 
electors thereof to meet for the purpose of voting on the 
question of establishing a village district, on a day, and at 
an hour and a place, to be designated in the notices ; the 
meeting shall be held within the limits of the village, be- 
tween the hours of six o'clock A.M. and six o'clock P.M., and 
the polls shall be kept open at least six hours; the electors, 
when assembled in accordance with the notice, shall ap- 

Sec. 3912. Under the act of March 14, IfcoS (51 t. 429), when an in- 
corporated village -vras formed within or to include a material portion of 
a sub-district, no portion thereof is, by reason of snch incorporation, 
■vrithdrawn from the school jarisdiction of the township, but the whole 
continues to be a sub-district uutil the actual election or appointment of a 
separate school board ; and the portion of the sub-district not included 
within the limits of such incorporated village is "territory annexed for 
school purposes," within the moaning of the act. Cist v. Siaie, 21 
O. S. 339. 



OHIO SCHOOL LAWS, 



City Districts of the Second Class, and Village Districts. Ch. 3. 

point a chairman and two clerks, who shall be judges of 
the election; the electors in favor of the proposed village dis- 
trict shall have written or printed on their ballots the words, 
" Village district, yes," and those opposed thereto the words, 
" Village district, no ;" and the votes cast shall determine the 
question whether such village district shall be established ; 
if a majority of the votes cast at such election be opposed to 
the establishment of such village district, the question of 
establishing the same shall not again be submitted to the 
electors of , the village until the succeeding regular annual 
election for village officers, and then only upon notice being 
given as above provided ; and if a majority of the votes cast 
at such election be in favor of the establishment of such dis- 
trict, the village may be organized as a village district in 
the manner provided in the next two sections. [74 v. 
140, § 4.] 

Sec. 3913. Written or printed notices, signed by not i°^i^'^gi,. 
less than five electors residing within the limits of the vil- 
lage, shall be posted in at least five of the most public places 
therein, requesting the electors of the village to meet for the 
purpose of electing a board of education for such proposed 
village district, on a day, and at an iiour and a place, desig- 
nated in the notices, which notices s 'til be posted at least 
ten days prior to the day designated in them for such meet- 
ing; the electors, when assembled in accordance with the 

Sec. 3913, The title to and possession of all s -t^ool property within 
such district then pass to the board of education, and should be trans- 
ferred to them by the township board having possession. 

The office of director in the sub districts included in each village dis- 
trict is abolibhed when the organization of the village board is completed. 

A village district thus created from territory in a township district is 
entitled to a pro rata share of all general school funds in the township 
treasury at the time of such organization, or that shall thereafter come 
into such township treasury as the proceeds of a levy or levies made 
while the territory was under the jurisdiction of the township board of 
education. 
2 



18 



OHIO SCHOOL LAWS. 



Ch. 3. 



Township and Special Districts. 



Organization 
of board. 



notice, shall appoint a chairman and two clerks, who shall 
be judges of the election, and shall then choose by ballot six 
competent and judicious persons to serve as members of the 
board of education of the proposed district — two to serve for 
one year, two to serve for two years, and two to serve for three 
years, from the third Monday of April next preceding the 
organization of the district, and until the election and quali- 
fication of their successors ; but if the election be held on 
the day of the annual election for school officers, there shall 
be elected two persons to serve for one year, two for two 
years, and two for three years, from the third Monday of 
April succeeding their election, and until the election and 
qualification of their successors. [71 v. 55, § 5.] 

Sec. 3914. If such election be held on the first Monday 
of April, the board elected thereat shall organize at the time 
and in the manner provided in section thirty nine hundred 
and eighty ; but if the election be held at any other time, 
the board shall organize on the next Monday thereafter, and 
in the same manner. [71 v. 55, § 6.] 



Section 
3915. T 



3916. 



391 



3921. 



CHAPTER 4. 
UWNSHIP AND SPECIAL DISTRICTS. 



>D!»p board of education — 
■ \v coustitnted and organized. 
K . ctidu and qnalification of direc- 
tors. 
Xotice and condnct of election. 
3yl8. Aleetings of directors. 

3919. How -vacancies in board filled. 

3920. Eegalar and special meetings of 

board, 
ilap of township district; change 
of snb-districts. 



Section 

3922. Elections in Tievr snb-districts. 

3923. Board of special district — how con- 

stittited, and Iiow increased. 

3924. Election of members. 

3925. Kotice and conduct of election. 
3926.^ How special districts abandoned. 
3927. Members of the board to become 

directors; disposition of prop- 
erty, etc. 



Sec. 3914. In case a village forfeits or surrenders its charter, the 
organization of the school district is not affected thereby. [Ohio Laws, 
vol. 75, page 187, sec. 8 and 11.] 



OHIO SCHOOL LAWS. 19 



Township and Special Districts. Ch. 4. 



TOWNSHIP DISTRICTS. 

Section 3915. The board of education of each township Township 

board of educa- 

district divided into sub-districts shall consist of the town- tion-how con- 
stituted and 

ship clerk, and the directors who have been appointed clerks '' 
of the sub districts; the board of a township district which 
is not divided into sub-districts shall consist of the town- 
ship clerk, and the directors of the district ; the board of a 
township district which is composed of not more than two 
sub-districts shall consist of the township clerk, and the 
directors of the two sub-districts ; and the clerk of the town- 
ship shall be clerk of the board, but shall not be entitled to 
a vote. [70 v. 195, §§ 26, 29; 70 v. 241, § 44.] 

Sec. 3916. There shall be elected by ballot, on the sec- Election ana 

qualiiicition 

OTid Monday of April, annually, in each sub-district, and in of directors. 
each township not divided into sub-districts, by the quali- 
fied electors thereof, one competent person, having the quali- 
fications of an elector therein, to be styled director, who shall 
hold his office for three years from the day of his election, 
and until his successor is elected and qualified; and such 



Sec. 3915. The township clerk has all the rights of a member of the 
board but that of voting. One-half of the snb-district clerks, with the 
township clerks, conetitut© a quorum. 

A towDship board of education is not authorized to determine the 
right of its own members to act as such, after their election as clerks of 
the sub-districts has been certified to the township clerks by the chair- 
man and secretary of the sub-district meeting, and by the directors at 
their meeting for organization. The irregularities in an election can not 
be corrected by the township board. 

Skc. 3016. The time each director is to serve should be designated on 
the ballots, and such designation can not be disregarded by the judges of 
election. [xiO Ohio Stato E., p. 336. J 

WHO MAY TOTB FOK DIRECTOKS. 

Sec. 3916. Any person who is entitled to vote at the township election 
may vote for director in the sub-district of which he is a bona fide resi- 
dent, without regard to the length of time during which he may have 
lived in the sub- district. 

A school director can not act as such until legally qualified. This 
qualifying may take place immediately aft.er the election. 

The board of directors must organize within the week after the elec- 
tion, so they may be represented at the meeting of the township board 
of education on the following Monday. 



20 



OHIO SCHOOL LAWS. 



Ch. 4. 



Township and Special Districts. 



Ifotiee and 
conduct of 
election. 



Meeting of di- 
rectors. 



director shall, within five daj's after his election, take an 
oath or affirmation to support the constitution of the United 
States, and the constitution of the state of Ohio, and to dis- 
charge the duties of his office faithfully and impartially, 
which oath or affirmation may be administered by an}^ direc- 
tor of a sub-district of the township, or by the township 
clerk. [75 v. 81, § 27.] 

Sec. 3917, The clerk of each sub-district, or, if a town- 
ship is not divided into sub-districts, the clerk of the town- 
ship, shall post written or printed notices in three or more 
conspicuous places in his sub-district or township, as the 
case may be, at least six days prior to the day of election, 
designating the day and hour of opening and the hour of 
closing the election; the election shall be held at the usual 
place of holding school meetings in the sub-district, or town- 
ship district which is not divided into sub-districts; the 
meeting shall be organized by appointing a chairman and a 
secretary, who shall act as judges of the election ; and the 
secretary shall keep a poll-book and tally-sheet, which shall 
be signed by the judges, and delivered within five days to 
the clerk of the township. [70 v. 195, § 28 ; 75 v. 81, § 27.] 

Sec. 3918. The directors of each sub-district, two of 
whom shall constitute a quorum, shall meet within five 
days after the second Monday of April each year, at such 
place as may be most convenient in the sub-district, and 
organize by appointing one of their number clerk of the 
sub-district, who shall preside at the official meetings of 
the directors, and record their proceedings in a book to be 
provided for that purpose, together with the minutes of the 
proceedings of the annual school meetings held in the sub- 
district by the electors thereof, which shall be a public rec- 
ord ; all such proceedings, when so recorded, shall be signed 



OHIO SCHOOL LAWS. 



21 



Towuehip and Special Districts. Cli. 4. 



by the clerk ; the directors may meet as frequcBtly as they 
deem necessary for the transaction of business, and may fill 
vacancies in the office of clerk, or, if the clerk be absent, 
either of the other directors may officiate temporarily in his 
place ; but no business shall be transacted at a meeting of 
which due notice has not been given to each of the directors 
of the sub-district, either personally or by a written notice 
left at his residence or usual place of business. [70 v. J 95, 
§2S. 

Sec. 3919. If the qualified electors of a sub-district, or KaSkd!' 
of a township not divided into sub-districts, fail to meet 
and elect a director on the second Monday of April in any 
year, as prescribed in this chapter, or if a vacancy occur in 
the board of directors, any three qualified electors of such 
sub-district or township may call a special meeting of the 
electors thereof within ten days after such failure to elect, 
or the occurrence of such vacancy, for the purpose of electing 
a director, on first giving five days' notice in writing of the 
time and place of holding such meeting, by posting the 
same in three of the most public places in the sub-district 
or township ; the director elected at such meeting shall hold 

Sec. 3918. Directors should not fail to organize before the third Mon- 
day of April, so that they be represented in the township board of educa- 
tion. Business done by directors not at a meeting of which each one of 
the directors of the sub-district is duly notified, is without warrant of 
law, and consequently void. 

In case the clerk is absent from any of the meetings of the directors, 
one of the directors present can officiate temporarily in his place; but he 
cannot serve as a member of the township board of education until regu- 
larly appointed, 

NOTICE. 

Sec. 3918. But two modes of giving notice are named. If any other 
mode, as by mail, be used, and legal proceedings ensue concerning some 
act of tbe directors done at the called meeting, the burden of proof would 
rest upon those affirming the legality of the meeting to show that the 
notice was received. 

In 16 Maine R., 185, it is held that the dismissal of a teacher by two 
directors was illegal, because the third was not notified, although he was 
out of town. That does not allow the majority to dispense with the rule 
requiring notice. 



22, 



OHIO SCHOOL LAWS. 



Ch. 4. 



Township and Special Districts. 



Begular and 
special meet- 
ings of board. 



3Iap of town- 
ship district ; 
clianae of sub- 
districts. 



his oflSce for tlie unexpired term to be filled, and until the 
election and qualification of his successor; and if there be 
a failure to hold such general election, or the special elec- 
tion provided for in this section, the township clerk shall 
appoint some suitable resident of the sub-district to act as 
director until the next election, and until the election and 
qualification of his successor. [70 v. 195, § 20.] 

Sec. 3920- The board of education shall hold regular 
sessions on the third Monday of April and on the third 
Monday of September in each year, at the usual place of 
holding township elections, or at such place in the imme- 
diate vicinity thereof as may be convenient for the transac- 
tion of business, and may adjourn from time to time, or 
hold special meetings at any other time and place within 
the township, as it deems desirable for the transaction of 
business, which special meetings may be called by the town- 
ship clerk, by the president of the board, or by two or more 
members of the board ; but each member of the board must 
be duly notified thereof personally, or by a written notice left 
at his residence or usual place of business. [70 v. 195, § 31.J 

Sec. 3921. A map of each township district shall be 
prepared by the board, as often as it may deem necessary, 
in which shall be designated the numbers and boundaries of 
the sub-districts thereof; the board may, at any regular 
session, increase or diminish the number, or change the 
boundaries of sub-districts ; but no sub-district shall contain 



APPOINTMENT BY CLEKK. 

Sec. 3919 The township clerk should wait ten days, at the end of 
which time he should appoint, unless notice of a special election has 
been given. 

Fire day's notice. — See Note 1, section 3909^ 

Sec. 3920. The adjoiirned meetiugsof a "regular" session are "regular 
meetings." 



OHIO SCHOOL LAWS. 



23 



Township and Special Districts. Ch. 4. 

less than sixty resident scholars by enumeration, except in 
cases where, in the opinion of the board, it is necessary 
to reduce the number ; and any sub-district which may be 
established by act of the general assembly shall be governed 
by the provisions of this title, except that it cannot be 
changed or consolidated by the board within three years 
after its formation, unless the written consent of two-thirds 
of the electors residing in the territory affected by such 
change is obtained. [75 v. 120, § 32.] 

Sec. 3922. When the board consolidates two or more ^j;^*^Xiiv 
sub-districts into a new sub-district, or establishes a new 
sub-district in any other way, it shall call a special meeting 
of the qualified electors resident in the new sub-district, for 
the purpose of electing directors for the same ; at least five 
days before the time fixed for the meeting the board shall 
post, in three of the most public places in the new sub- 
district, written or printed notices, stating time, place, and 



new sub-dis- 
tricts. 



SIZE OF SUB-DISTRICTS. 

Sec. 3921. When a sub-district contains less than sixty enumerated 
yonth, and, in the opinion of the board, it is not necessary that the nnm- 
ber should be so small, it is the duty of the board to enlarge or aboUsti 
such sub-district. But when, by reason of swamps, streams of water, 
a want of passable roads, or sparsenest* of population, it is impossible to 
form sub-districts that sh ill contain at least sixty scholars without prac- 
tically depriving some youth of school advantages, boards of education 
are at liberty, and it is their duty, to form smaller sub-districts. School 
funds are raised for the purpose of "affording the advantages of a free 
education to all the youth of the Stale," and every inhabitant ha^i a rij^ht to 
demand the establishment of a school within such a distance of his resi- 
dence, and with such lacilities for reaching it, as will enable his children 
to attend. 

The term "sub-district," as nsed in section 1 of the supplementary act 
of April 9, 1867 (64 v. 117), does not include the sub-ordinate territorial 
divisions of separate school districts into which a city or village may be 
sub-divided, but applies exclusively to township or county sub-districts. 
Andus V. Sparger, 19 O. S., 577. 

The attaching of a territory composing a sub-district to adjacent sub- 
districts by a township board of education, under section 32 of the act of 
May 1, 1873 (70 v. 203;, is not a consolidation of two or more sub-dis- 
tricts into a new sub-district, within the meaning of said section, but 
is a change or alteration of the boundaries of the sub-diwtricts ; and the 
offices of local directors in the sub-districts to which such territory is 
attached are not thereby vacated. State v. Gibbs, 25 O. S., 256. 



24 



OHIO SCHOOL LAWS. 



Ch. 4. 



Township and Special Districts. 



object of holding the meeting; the election shall be conducted 
as provided in this chapter, and three directors shall be 
elected, one to serve for one year, one for two years, and one 
for three years from the annual meeting next preceding the 
organization of the new sub-district ; and the terms of office 
of the directors of sub-districts so consolidated shall expire 
at the time such new sub-district is created. [75 v. 120, § 32.] 



Board of special 
district — how 
constitnted. 
and ho-sv in- 
creased. 



Election of 
members. 



SPECIAL DISTRICTS. 

Sec. 3923. The board of education of each special dis- 
trict shall consist of three members, who shall be residents 
of the district, and have the qualifications of an elector 
therein ; and when the electors of any special district, the 
board of education of which consists of three members, de- 
sire that the board shall consist of six members, they may 
make such change in the same manner as provided for city 
districts of the second class and village districts, in section 
thirty-nine hundred and eleven. [70 v. 195, § 22.] 

Sec. 3924. There shall be elected annually, by ballot, 
on the second Monday of April, in each special district, by 
the qualified electors thereof, at the Ubual time and place of 
holding school elections in such district, one judicious and 
competent person to serve as member of the board for three 
years from the first Monday succeeding his election, and 
until the election and qualification of his successor; but 
in special districts hereafter established, the first election 
for members of the board shall be held within twenty days 
after such establishment, at least five days previous notice 
of which, stating the time and place of meeting, and signed 
by at least three electors of the district, shall be posted in 
three of the most conspicuous places in the district; at such 
meeting a chairman and clerk shall be chosen, and there 



OHIO SCHOOL LAWS. 



25 



Township and Special Districts. Ch. 4. 



shall be elected three members of the board, one to serve 
until the third Monday of April next succeeding his elec- 
tion, and one to serve for one year and one for two years 
from said third Monday, and each to serve until the election 
and qualification of his successor. [71 v. 57, § 23 ; 75 v. 120, 
§ 19.] 

Sec. 3925. The clerk of the district shall post written Notice and 

conduct of 

or printed notices, in three or more conspicuous places in election. 
the district, at least six days prior to the day of election, 
designating the day and the hour of opening and closing the 
election; and the election shall proceed, and a return thereof 
be made, in the manner provided for elections in village dis- 
tricts, and shall continue at least two hours. [71 v. 57, § 
24.] 

Sec. 3926- When the electors of a special district de- How special 

district aban- 

sire to abandon their organization, and become a part of the doned. 
township district of the township in which such special 
district is located, they may make the change in th» follow- 
ing manner: Written or printed notices shall be posted in at 
least five of the most public places in the district, signed by 
a majority of the members of the board of education, or one 
of the board and at least six resident electors of the district, 
requesting the qualified electors thereof to assemble on a 
day, and at an hour and a place, designated in the notices, 
which notices shall be posted at least ten days prior to the 
day designated in them, then and there to vote for or against 
stich change ; the electors, when assembled at the time and 
place designated in the notices, shall appoint a chairman 
and two clerks, who shall be judges of the election, which 
shall continue at least two hours ; those in favor of the pro- 
posed change shall have written or printed on their ballots 



26 



OHIO SCHOOL LA.WS. 



Ct. 4. Township and Special Districts. 



the words " School — change," and those opposed thereto the 
words "School — no change," and a majority of the ballots 
cast shall determine the question whether the change shall 
be made ; the judges shall, within five days after the elec- 
tion, make due return thereof to the board of education of 
the district ; and if a majority of the votes cast are in favor 
of the change, the board shall immediately certify that fact 
to the township board, which shall thereupon assume juris- 
diction of the territory, property, and affairs of the special 
district, and thereafter treat such district as a sub-district of 
the township district. [72 v. 27, § 25.] 
Members of the Sec. 3927. The members of the board of education of 

board to become 

sitioa oT'prop-'^ the Special district shall be directors of the sub-districts so 

erty, etc. 

created, for the remainder of the terms for which they were 
elected respectively; the clerk of the special district board 
shall deliver to the clerk of the township board all the books 
and papers of the special district in his custody, and notify 
the county auditor, in writing, of the abandonment of the 
organization of the district ; the treasurer of the special 
district board shall deliver to the treasurer of the township 
board all the books, papers, and money of the special dis- 
trict in his possession ; the township board shall complete 
all unfinished business pertaining to the special district ; 
&ny debt contracted by the special district board shall be 
paid out of the money transferred to the treasurer of the 
township board, as herein provided, and money arising from 
taxes levied by the special district board; and if such funds 
are insufficient therefor, the remainder shall be paid by a 
special tax upon the property of the sub-district so created. 
[72 V. 27, § 25.] 



OHIO SCHOOL LAWS. 



27 



Joint Sub-Districts. 



Ch. 5. 



CHAPTER 5. 



JOINT SUB-DISTRICTS. 



Section 

3928. Township boards may establish by 

mutnal agreement. 

3929. How the school governed and sup- 

ported. 

3930. Further provisions for establish- 

ment. 

3931. May be established on petition. 

3932. What petition to contain. 

3933. Clerks to give notice of filing, etc. 

3934. When petition may be filed with 

probate judge. 

3935. Secvirity for costs to be given. 

3936. Time and place of meeting of com- 

missioners. 

3937. Publication of notice. 

3938. Commissioners to be appointed. 

3939. Oath and duties of commissioners. 



Section 

3940. Clerks to have present plats and 

papers. 

3941. The report of the commissioners. 

3942. The efiect of the report. 

3943. Judgment for costs ; what fees al- 

lowed. 

Eeport and judgment for sub-dis- 
trict. 

How costs paid in such case. 

Petition for other purposes. 

3947. Proceedings thereon. 

3948. When such petition may be filed 

with probate judge. 

3949. Election, duties, etc., of directors. 

3950. Power to change joint sub-districts 

limited. 



3944. 



3945. 
3946. 



Sec. 3928. When the better accommodation of scholars Township 

boards may es- 

makes it desirable to form a joint sub-district, composed of tuaUgreement. 
parts of two or more townships, the boards of education of 
the townships interested may, by mutual agreement, at a 
joint meeting held for the purpose, establish the same, and 
fix the boundaries thereof; if there is no suitable school- 
house within such boundaries, or if there is one, but it is 
not suitably located, the boards shall designate a site where- 
on to erect such building ; but if there is a suitable school- 



Sec. 3928. Mutual agreement implies consent of each board interested ; 
that is, it requires a majority of a quorum of each board to form a joint 
sub-district. 

Joint sub-districts can be established only by a transfer of territory. 
The teacber thereof must hold a certificate from the board of examiners 
of the county in which the school-house is situated^ 



28 



OHIO SCHOOL LAWS. 



Ch. 5. 



Joint Snb-Dietricts. 



How the 

school governed 
and supported. 



Further pro- 
visions for es- 
tablishment. 



"May be estab- 
lished on peti- 
tion. 



house within such boundaries, properly located, the school 
shall be held therein ; a chairman and secretary shall be 
chosen at such meeting, and the secretary shall make a 
memorandum of the proceedings had thereat; a copy of such 
memorandum, signed by the chairman and secretary, shall 
be transmitted to the clerk of each of the boards, who shall 
record the same in his record of proceedings of the board ; 
and the secretary shall transmit a like copy of the proceed- 
ings to the auditor of each county having territory embraced 
in the joint sub-district, [70 v. 195, § 34.] 

Sec. 3929. The school in a joint sub-district shall be 
under the control of the board of education of the township 
in which the school-house is situate, of which board the 
director who is clerk of the joint sub-district shall be a mem- 
ber; but such school shall be supported from the school funds 
of the townships having territory in the joint sub-district, 
in proportion to the enumeration of youth, as provided in 
sections thirty-nine hundred and sixty-one and thirty nine hun- 
dred and sixty-two. [75 v. 84, § 35.] 

Sec. 3930. Joint sub-districts maybe established also 
in the manner provided in succeeding sections of this chap- 
ter. 

Sec. 3931. Three or more qualified electors^ resident of 
the territory sought to be included therein, may apply, in 
writing, to the board of education of any township wherein 
any part of the territory is situate, for the creation thereof. 
[75 V. 120, § 1.] 



clerk's residence. 

Sec. 3929. The cierk of the joint sab-district may reside in either town- 
ship and he a member of the board of education of the township in which 
the school-house is located. 

If territory upon which are no youth of school age be attached to an- 
other township, such township can receive no school funds from the town- 
ship in which the territory is situated. There is at least one illustration 
of this case. 



OHIO SCHOOL LAWS. 



29 



Joint Sub-Districts. Ch. 5. 



Sec. 8932. The petition shall describe the territory what petition 

to contain. 

sought to be included in the joint sub-district, may set forth 
the reasons requiring the creation thereof, and shall be filed 
with the clerk of the board of education to which it is ad- 
dressed. [75 V. 120, § 2.] 

Sec. 3933. Upon the filing of such petition, such clerk cierkatogive 

notice of tiling, 

shall forthwith give notice thereof, in writing, to the mem- etc. 
bers of the boaid of which he is clerk, which notices shall 
name a suitable. and convenient place, and a day and hour, 
for the boards to meet ; he shall also transmit a like notice, 
forthwith, to the clerks of all other boards of education hav- 
ing jurisdiction over any of the territory sought to be af- 
fected I and such clerks, upon the receipt of such notice, 
shall in like manner give notice forthwith of the filing of 
such petition, and of the time and place of meeting, to each 
member of their respective boards. [75 v. 120, ^'6.] 

Sec. 3934. It shall be the duty of such boards to meet -^hen petition 

may be filed 

and consider the petition within thirty days from the time with probate 

judge. 

the same is filed, but if they do not do so within sixty days 
from such time, or, having met, fail to establish the joint 
sub-district, or determine not to establish it, three or more 
electors of the territory sought to be included therein may 
file a petition therefor with the probate judge of the county; 
and if the territory sought to be included therein is situate 
in two or more counties, the patition may oe filed with the 
probate judge of either county. [75 v. 120, § 4.] 

Sec. 3935. Tne petitioners shall also file with the pro- „ . , 

■^ -^ Security for 

bate judge the undertaking of one or more of their number, ^ven. 
with security to the satisfaction of the judge, in the sum of 

Sec. 3934. Tiiere is no right of petitioning the probate judge unless 
the board of education has failed to establish, or decided not to establish, 
the sub- district sought for. 



30 



OHIO SCHOOL LAWS. 



Ch. 5. 



Joint Sub-Districts. 



Time and place 
of meetiijg of 
commissioners. 



Publication of 
notice. 



Commissioners 
to be appointed. 



Oatb and duties 
of commission- 
ers. 



one hundred dollars, conditioned that the jDetitioners will 
pay all the costs of a proceeding if a joint sub-district be 
not established thereby. [75 v. 120, § 5.] 

Sec. 3936- Upon the filing of such petition and under- 
taking, the judge shall fix a time, not more than sixty days 
thereafter, and a place, which shall be the school-house upon 
the territory, if there is one thereon, and if there is more 
than one school-house thereon, then the house last built, and 
if there is no school-house thereon, then some convenient 
place within the territory, for the meeting of the commis- 
sioners hereinafter directed to be appointed. [75 v. 120, § 6.] 

Sec 3937- The judge shall thereupon cause to be pub- 
lished, for four consecutive weeks, in two newspapers of 
opposite politics, printed and of general circulation in the 
county where the petition is filed, notice of the filing of such 
petition, and of the time and place of meeting of the com- 
missioners. [75 V. 120, § 7.] 

Sec 3938. The judge shall also;make an order appoint- 
ing three judicious, disinterested men of the county, and 
not residents of either of the townships to be a£fected, to be 
commissioners, and to act in the premises; if a person so 
appointed die, or fail from any cause to be present and to 
act, or if he give notice of his inability to serve, the judge 
shall forthwith, by order, appoint another in his stead, who 
may act as if he had been originally appointed y and the 
judge shall deliver a copy of the petition and his order to 
the comimissioners, and shall instruct them in the law ap- 
plicable to such proceedings. [75 v. 120, § 8.] 

Sec 3939. The commissioners shall take an oath to 
discharge faithfully the duties required by this chapter, ac- 
cording to the best of their knowledge and understanding, 



OHIO SCHOOL LAWS. 31 



Joint Sub-Districts. Ch. 5. 



and shall meet at the time and place named in the published 
notice, may examine vf itnesses under oath, which may be 
administered by one of their own number, and consider and 
determine the question whether a joint sub district ought 
to be established. [75 v. 120, § 9.] 

Sec. 3940. The clerks of the several boards of education ciertstohave 

present plats 

interested shall be present at the meeting of the commis- *° papers, 
sioners, and have with them the plats of the several town- 
ships, with the lines of the several sub-districts marked 
thereon, and such other papers and documents as will serve 
to inform the commissioners, and give them a correct idea 
of the wants of the petitioners. [75 v. 120, § 10] 

Sec. 3941. The commissioners shall report, in writing, The report of 

the commission. 

to the probate judge — ^'^^" 

1. Whether or not a joint sub-district ought to be estab- 
lished, and their reasons therefor. .;-■ 

2. If they find in favor of the establishment of a joint 
sub-district, they shall give the lines and a plat thereof; 
they may also change the lines of the sub-district proposed 
in the petition, by including therein other territory, or ex- 
cluding territory included therein, or both; and if there is 
no suitable school-house within such boundaries, or, if there 
is one, but it is not suitably located, they shall designate a 
site whereon to erect such building. [75 v. 120, § 11.] 

Sec. 3942. The report of the commissioners, if against Theeffeotof 

the report. 

the establishment of a joint sub-district, shall be a bar to 
any proceeding to establish a joint sub district out of any of 
the territory described in the petition for three years ; and 
if the report be in favor of the establishaient of a joint sub- 
district, it shall be final, unless set aside by the probate 
court for fraud. [75 v. 120, § 12.] 



32 



OHIO SCHOOL LAWS. 



Ch. 5. 



Joint Sub-Districts. 



Judgment for 
costs; what 
fees allowed. 



Eeport and 
judgment for 
sub-district. 



How costs paid 
in such case. 



Petition for 
snch purposes. 



Sec. 3943. If the report be against the establishment of 
a joint sub-district, the judge shall render judgment against 
the petitioners for all the costs of the proceeding ; and the 
commissioners and the judge shall receive the same fees as 
are authorized to be charged for like services in proceedings 
to establish roads, and such other fees as are authorized by- 
law. [75 V. 120, § 13.] 

Sec 3944. If the report be in favor of the establish- 
ment ol a joint sub-district, the judge shall make an entry- 
confirming the same; and a certified copy of the report, 
including the plat and his order, shall be delivered to the 
clerk of the board of education of each township interested 
therein, and thereafter such joint sub-district shall be fully- 
established, and it shall be governed and controlled in the 
same manner as joint sub-districts otherwise established. 
[75 V. 120, § 14.] 

Sec 3945. In such case the judge shall tax the costs 
of the j)roceedings to the board of education of the several 
townships interested, in such proportion as he may deem 
just and equitable, and certify the same to the clerks of such 
boards; and the boards shall be liable therefor, and at the 
first regular or special meeting of each thereafter payment 
of the amount so taxed to it shall be ordered. [75 v. 120, 
§ 15.] 

Sec 3946. A petition may, in like manner, be filed 
with the clerk of the board of education of any township, 
praying for the creation of an additional sub-district, or for 
changing the lines of sub-districts, or for the creation of a 



Secs. 3946 and 3948. Tliese sections do not seem to authorize the 
changing of boundary lines of city districts, by either the boards of edu- 
cation or the commissioners appointed by the probate judge. But see 
section 3d93. 



OHIO SCHOOL LAWS. 



Joint Sub-Districts. Ch. 5. 



special school district, or for changing the lines of special or 
village districts, and adjoining sub-districts ; but when a 
special or village district is interested in such proposed 
change, the petition may be filed either with the clerk of the 
township board, or the clerk of the board of education of such 
special or village district; and when any such lines have 
been so changed, they shall not be altered by any board, or 
boards of education until after the expiration of three years, 
except upon the written consent of two-thirds of the electors 
residing .within the territory affected by the change. [75 
V. 120, § 16.] 

Sec. 3947. Such petition may be filed with the clerk Proceedings 

thereon. 

of the board of education of such special or village district, 
with the clerk of the board of education of the township, or, 
if the changes sought by the petition affect territory in more 
than one township, with the clerk of the board of education 
of either township ; and, upon the filing thereof, the mem- 
bers of the board or boards interested shall be notified, as 
provided in section thirty-nine hundred and thirty-three. [75 v. 
120, §17.] 

Sec. 3948. It shall be the duty of such board or boards when such pe- 
tition may 1)6 
to meet and consider the petition within thirty days from f ite ta^dge^^" 

the time the same is filed ; but on failure to do so within 
sixty days, from such time, or, if the board or boards meet, and 
fail to grant the prayer of the petitioners, a petition may be 
filed with the probate judge of the county, as provided in 
section thirty-nine hundred and thirty-four, and thereafter 
such proceedings may be had thereon, and they shall have 
the same effect, as is herein provided for the forma- 
tion of joint sub-districts. [75 v. 120, § 18.] 

3 



34 



OHIO SCHOOL LAWS. 



Ch. 6. 



School Funds. 



Election, du- 
ties, etc., of 
directors. 



Power to 
chancje joint 
snt-Qismcts 
limited. 



Sec. 3949. Directors of joint sub-districts shall be 
elected at the same time, in the same manner, and for the 
same term, as directors of other sub-districts, and shall or- 
ganize at the same time, and in the same manner, have the 
same powers, perform like duties, and be subject to the same 
penalties; but in such sub-districts hereafter established, 
the first election shall be held within twenty days after such 
establishment, at least five days' previous notice of which, 
stating the time and place of meeting, and signed by at least 
three electors of the sub-district, shall be posted in three of 
the most public places in the sub-district ; and at such meet- 
ing a chairman and clerk shall be chosen, and there shall]be 
elected three directors, one to serve until the third Monday 
of April next succeeding his eiection, and one to serve for 
one year and one for two years from said third ^Mon- 
day, and until the election and qualification of their success- 
ors. [70 V. 195, § 34; 75 v. 120, § 19.] 

Sec. 3950. No joint sub-district which is now organ- 
ized, or may hereafter be organized, shall be dissolved, 
changed, or altered, unless by the concurrent action of^the 
boards of education of the several townships having territory 
included therein. [72 v. 63, § 36.] 



CHAPTER 6. 
SCHOOL FUNDS. 



Section 

3951. The " state common school fund." 

3952. Interest upon proceeds of salt and 

swamp lands. 

3953. The "common school fand." 

3954. Accounts of common school fund — 

how kept, etc. 

3955. Bequests, etc., in trust for common 

school fund. 



Section 

3956. Apportionment of school funds by- 

auditor of state. 

3957. To what county common school 

fund paid when county line, 
divides original surveyed town- 
ship, 

3958. Estimate and levy for contingent 

fund. 



OHIO SCHOOL LAWS. 



3S 



School Funds. 



Ch/6 



School funds — Continued, 



Section 

3959. Limitation as to levy for contin- 

gent fund. 

3960. Estimate to be certified to connty 

auditor. 

3961. Contingent fund for joint sub-dis- 

trict. 
3963. Same when county line divides 
such sub-district. 

3963. Ponds of district composed of terri- 

tory in more than one county. 

3964. Apportionment of school funds by 

county auditor. 

3965. Distribution of money after appor- 

tionment. 



Section 

3966. Apportionment of common school 

fund by county auditor when 
county line divides original sur- 
veyed township. 

3967. Apportionment of contingent fund 

by boards of education. 

3968. How contingent fund to be applied 

in Toledo. 

3969. County commissiorers to levy con- 

tingent fund when board neg- 
lects. 

3970. County auditor to collect fines, etc., 

and inspect section sixteen ac- 
counts. 



Section 3951. For the purpose of aflordina; the advan- Th6"stat«com^ 

° mon school 

tages of a free education to all the youth of the state, there ^^^'" 
shall be levied, annually, a tax upon the grand list of tax- 
able property of the state, which shall be collected in the 
same manner as other state taxes are collected, and the pro- 
ceeds of which shall constitute the "state common school 
fund;" the rate of such levy shall be designated by the gen- 
eral assembly at least once in two years ; and if the general 
assembly fail to designate the rate for any year, the same 
shall be one mill upon each dollar of valuation of such tax- 
able property. [70 v. 195, § 126.] . " 

Sec 3952. The state shall pay interest annually, at the ^SsT^ait 

- . and swamp 

rate of six per cent, per annum, upon all money which has lands. 
been paid into the state treasury on account of sales of lands 
commonly called " salt lands," and upon all money hereto- 
fore paid, or which may hereafter be paid into the state 
treasury on account of sales of swamp lands granted to the 
state of Ohio by act of congress; the money received from 
such sales shall constitute an irreducible debt of the state; 
and the interest shall be apportioned annually on the same 
basis as the state common school fund is apportioned, and 



36 



OHIO SCHOOL LAWS. 



Ch. 6. 



School Funds. 



The "common 
school fand." 



Accounts of 
common eeliool 
fond— how 
kept, etc. 



Bequests, etc.,1 
in trust for com- 
mon school 
fund. 



distributed to the several counties as provided in section 
thirty-nine hundred and fifty-six. [70 v. 195, § 132; 49 v. 40, 

Sec. 3953, The money which has been and may here- 
after be paid into the state treasury on account of sales of 
lands granted by congress for the support of public schools 
in any original surveyed township, or other district of coun- 
try, shall constitute the " common school fund," of which 
the auditor of state shall be superintendent, and the income 
of which shall be applied exclusively to the support of com- 
mon schools, in the manner designated in this chapter. [70 
V. 195, §§ 127, 128.] 

Sec. 3954, The common school fund shall constitute an 
irreducible debt of the state, on which the state shall pay in- 
terest annually, at the rate of six per cent, per annum, to be 
computed for the calendar year, and the first computation 
on any payment of principal hereafter made to be from the 
time of payment to and including the thirty-first day of De- 
cember next succeeding ; and the auditor of state shall keep 
an account of the fund, and of the interest which accrues 
thereon, in a book or books to be provided for the purpose, 
with each original surveyed township and other district of 
country to which any part of the fund belongs, crediting 
each with its share of the fund, and showing the amount of 
interest thereon which accrues and the amount which is dis- 
bursed annually to each. [70 v. 195, §§ 128, 129.] 

Sec. 3955. When any grant or devise of land, or any 
donation or bequest of money or other personal property, is 
made to the state of Ohio, or to any person, or otherwise, in 
trust for the common school fund, the same shall become 
vested in said fund ; and when the money arising therefrom 



OHIO SCHOOL LAWS. 37 



School Funds. Ch. 6. 



-is paid into the state treasury, proper accounts thereof shall 
be kept by the auditor of state, and the interest accruing 
therefrom shall be applied according to the intent of the 
grantor, donor, or devisor. [70 v. 195, § 131.] 
Sec. 3956. The auditor of state shall apportion the ^Thooi ta^S 

by auditor of 

state common school fund to the several counties of the state state. 
semi-annually, upon the basis of the enumeration of youth 
therein, as shown by the latest abstract of enumeration 
transmitted to him by the state commissioner of common 
schools'; before making his February settlement with county 
treasurers, he shall apportion such amount thereof as he 
shall estimate to have been collected up to that time, and, 
in the settlement sheet which he iran?mits to the auditor 
of each county, shall certify the mount payable to the 
treasurer of his county; before mi king his final settlement 
with county treasurers each year, ht-' shall apportion the re- 
mainder of the whole fund collect* d, as nearly as the same 
can be ascertained, and in the Augui-t settlement sheet which 
he transmits to the Auditor of each county, shall certify the 
amount payable to the treasurer of his county ; in each Feb- 
ruary settlement sheet he shall also enter the amount of 
money payable to the county treasurer on the apportion- 
ment of interest specified in section thirty-nine hundred 
and fifiy-iwo ; he shall also enter, in each February settlement 
sheet the amount of money payable to the county treasurer 
on account of interest for the preceding year on the common 
school fund, and designate the source or sources from which 
the interest accrued ; he shall transmit with each February 
settlement sheet a certified statement, showing the amount 
of interest derived from the common school fund payable to 
each original surveyed township or other district of countrj?- 



OHIO SCHOOL LAWS. 



Gh. 6. School Fands. 



within the county ; and the treasurer of each county shall, 
at each semi-annual settlement with the auditor of state, 
retain in the county treasury, from the state taxes collected 
by him, the amount of the funds herein mentioned shown 
by the settlement sheet of the auditor of state to be payable 
to him at that time ; but if such amount for any county ex- 
ceeds the amount of state taxes collected therein, the auditor 
of state shall draw an order on the treasurer of state, in 
favor of the treasurer of such county, for the balance of 
school funds due his county, and transmit the same to such 
county treasurer, and the treasurer of state shall pay such 
order upon its presentation to him. [70 v. 195, §§ 120, 130.] 

Towhatconnty Sec. 3957- If parts of an oriffinal surveyed township 

common school o ./ x 

oonntyiinrdi-^ or fractional township are situate in two or more counties, 

Tides original 

snrveyed to-wn- the amount of Interest on common school fund due to such 



ship. 



township shall be paid in the manner provided in the last 
section, to the treasurer of the county wherein the greatest 
relative portion of such township is situate ; but if it be un- 

APPORTIONMENT OF SCHOOL FUNDS. 

Sec. 3956. The common school fund arising from the State tax, and 
rents or sale of school lands, are apportioned among the school districts 
of the State, on the basis of the ennmeration of youth of school age. 
Hence it is essential that this enumeration should be taken accurately. 
By section 4038 any district failing to take and return its enumeration 
forfeits its share of such funds. 

By section 4037 the county auditor is authorized to employ a proper 
person to take the enumeration in any district whenever the same is not 
taken as required by law, and section 4038 makes the clerk liable for all 
damage or loss accruiog to any school district by his neglect to cause 
such enumeration to be taken and returned to the county auditor. 

The Auditor of State apportions these funds to the several counties, 
and certifies the same to the county auditors, and they apportion them 
to the school districts in the county, giving the clerks and treasurers of 
school districts a copy of such apportionment, and giving orders on the 
county treasurer for the amounts so apportioned, and taking their receipt 
therefor. 

All fines, etc., collected and paid into the county treasury should be 
disbursed to the proper school districts in the same manner. 

By Revised Statutes of Ohio, Title 1, Chapter 13, Section 358, the State 
Commissioner is required to exercise such supervision over the educa- 
tional funds of the State as may be necessary to secure their safety and 
right application and distribution according to law. 



OHIO SCHOOL LAW3, 39 



School Funds. Ch. 6. 



certain in which county such portion is situate, the amount 
of interest due to such township shall be paid to the treas- 
urer of the oldest county in which any part of the township 
is situate. [70, v. 195, § 130.] 

Sec. 3958. Each board of education shall, annually, at Estimate and 

levy for contia* 

a regular or special meeting to be held between the third gent fund. 
Monday in April and the first Monday in June, determine 
by estimate, as nearly as practicable, the entire amount of 
money necessary to be levied as a contingent fund, for the 
continuance of the school or schools of the district after the 
state funds are exhausted, to purchase sites for school-houses, 
to erect, purchase, 'Jease, repair, and furnish school -houses, 
and build additions thereto, and for other school expenses. 
[75 V. 526, §56; 75 v. lOl, § 4.] 

Sec. 3959. Such estimate and levy shall not exceed in liimitation as 

•^ to levy for con- 

the city of Cincinnati three and' one-fourth mills, but the ^^^^ 
board of education in said city may levy one mill additional 
for every five thousand pupils over_^and above twenty-five 
thousand enrolled in the public schools of said city, which 
levy, however, shall in no case exceed five mills; in the city 
of Cleveland, four and one-half mills, and in all other dis- 
tricts seven mills on each dollar of valuation of taxable 
property. [61 v. 63, § 2; 63 v. 15, § 1; 75 v. 101, § 4; 75 v. 
526, §56.J 

Sec. 3960. The amount so estimated the board shall Estimatetobe 

certified to 



certify, in writing, on or before the first Monday in June in *"'^'^*y ^" °'^« 
each year, to the auditor of the county to which the district 



SCHOOL FUNDS. 

Sec. 3958. Contingent funds and State funds constitute all the funds 
under control of a board of education. State funds must be devoted to 
the payment of teachers, as the local tax is for the entire amount necessary 
to be levied as a contingent fund. 



40 OHIO SCHOOL LAWS. 



Cli. 6. School Funds. 



belongs, who shall assess the entire amount upon all the 
-taxable property of the district, and enter it upon the tax 
list of the county, and the county treasurer shall collect the 
same, at the same time and in the same manner as state 
■ and county taxes are collected, and pay it to the treasurer 
of the district, upon the warrant of the county auditor; and 
unless he is paid a fixed salary, he shall receive one per 
centum on all money so collected, and no more. [70 v. 195, 
§§57,58.] I 

ContiBgeBt Sec. 3961. For a joint sub-district, the estimate re- 

fond for joint 

sub-aistnct. quired by section eight shall be made by the board of edu- 
cation having control of the school thereof, and apportioned 
to the several townships having territory therein in propor- 
tion to the enumeration of youth in the territory belonging 
to each; the board shall certify such estimate, so apportioned, 
to the county auditor, who shall add the portion for each 
township to the estimate for a contingent fund certified to 
him by its board of education, and place it on the tax list 
therewith for collection as part of the township estimate ; 
when the county auditor apportions the school funds he 
shall transfer to the township having control of the school, 
from the other townships, the amount so assessed and col- 
lected, and certify to the clerk and treasurer of each town- 
ship the amount due the joint sub district, including state 
tax, interest on the common school fund, contingent fund, 
and money received from other sources, which amount shall 
be paid to the treasurer of the board having control of the 

BLTXDING FUNDS. 

Sec. 3960. The board mnst also certify any additional amount for 
building or other purposes which may have been voted at a special meet- 
ing ot electors, and so required to be certified in Sec. 3992. 

The board must certify the amount of money, not rates of levy. 



OHIO SCHOOL LAWS. 41 



School Funds. Ch. 6. 



school ; and such board shall cause to be kept such accounts 
as will show the funds received from each township, and the 
disposition thereof, and transmit to the other board or boards 
interested, at the end of the school year, a statement of such 
receipts and expenditures. [75 v. 84, § 35.J 

Sec. 3962. When a joint sub-district is composed of same when 

county line 

fractions of two or more counties, such estimate shall be ap- divides suoh 

■^ sub-Qistrict. 

portioned to townships, as provided in the preceding section, 
and the amount apportioned to the township or townships 
belonging to each county shall be certified by the board to 
the auditor thereof, whose duties in the premises shall be 
the same as prescibed for the auditor in the preceding sec- 
tion, so far as the provisions thereof are applicable ; and the 
board shall keep accounts, and report receipts and expendi- 
tures, as provided in said section. [72 v. 63, § 36.] 

Sec. 3963. The funds belonging to a district composed ^unds of dis- 

. Till tricts in more 

01 territory in more than one county shall be paid by the than one 
treasurer of the other counties to the treasurer of the county 
in which the school-house of the district is situate ; the 
auditors of the other counties shall make settlement on 
account of such funds with the auditor of the county in 
which such school-house is situate ; and the treasurer of the 
district shall make the settlement required by section thirty- 
nine hundred and sixty-six with such auditor. 

Sec. 3964. Each county auditor shall, annually, imme- Apportion- 
ment of school 
diately after his annual settlement with the county treas- audito^'^'^"'^'^*"^ 

XHYQT, apportion the school funds for his county ; the state 
common school fund shall be apportioned, in proportion to 
the enumeration of youth, to districts, sub-districts, and 
joint sub-districts, and fractions of districts and joint sub- 
districts, within the county; but if an enumeration of the 



42 OHIO SCHOOL LAWS. 



Ch. 6. School Funds. 



youth of any district, for any year, has not been taken and 
returned, such district shall not be entitled to receive any 
portion of said fund ; the contingent funds collected from 
the several districts shall be paid to the districts to which 
they respectively belong ; money received from the state on 
account of interest on the common school fund shall be ap- 
portioned to the school districts and parts of school districts 
within the territory designated by the auditor of state as 
entitled thereto, in proportion to the enumeration of youth 
therein ; and all other money in the county treasury for the 
support of common schools, and not otherwise appropriated 
by law, including one-half the amount received for show 
licenses, shall be apportioned annually in the same manner 
as the state common school fund. [70 v. 195, § 120 ; S. & C. 
64, § 2 ; S. & C. 1406, § 3.] 
Distribution of Sec. 3965. The auditor shall, immediately after such 

money after 

apportionment, apportionment is made, enter the same in a book to be kept 
for that purpose, and furnish a certified copy of the appor- 
tionment to each school treasurer and clerk in his county; 
and he shall give to each of such treasurers an order on the 
county treasurer for the amount of money payable to him, 
and take his receipt therefor. [70 v. 195, § 120.] 

Sec. 3966. When an original surveyed township or 

Apportionment 

sciSoTSnd by fractional township is situate in two or more counties, and 

county auditor 

jfiiencounty the land granted thereto by congress for the support of pub- 
v^^1:o^^-" lie schools has been sold, the auditor of the county to whose 

ship. 

treasurer the interest on the proceeds of such sale is paid 
shall apportion such interest to the counties in which such 
township is situate, in proportion to the j'-outh of the town- 
ship enumerated in each ; such auditor shall certify to the 
auditor of each of the other counties the amount so ascer- 



OHIO SCHOOL LAWS. 



43 



School Funds. 



Ch. 6. 



tained to belong to the part of the township situate in his 
county, and transmit to the treasurer of each of such coun- 
ties an order on the treasurer of his own county for such 
amount ; and the auditor of each county shall apportion the 
amount of such interest belonging to the part of the town- 
ship in his county, to the districts or parts of districts en- 
titled thereto, in proportion to the enumeration of youth 
therein, and certify and pay the same to the proper school 
officers, as provided in the preceding section. [70 v. 195, §§ 
121, 122; 72 V. 63, § 36.] 

Sec. 3967- So much of the contingent fund as may be ^^J'o^ti^'^™^* 
set apart by a township board for the continuance of schools of education, 
after the state funds are exhausted, shall be so apportioned 
by the board that the schools in all the sub-districts of the 
township shall be continued the same length of time each 
year; and if the apportionment be not satisfactory to the 
directors of any sub-district, or a majority of them, they may 



DISBURSEMENT OF CONTINGENT FUND. 

Sec. 3967. The custom which has prevailed in some township districts 
of dividing the contingent fund and placing it in the hands of directors, 
is not legal. All school funds should be retained in the custody of the 
township treasurer until drawn out for the payment ot espenses legally 
incurred. 

It is advisable for each board to require directors to report for payment 
all contracts made under the provisions of this section to the boar.d at 
their next meeting after the making of such contracts. 

Inasmuch as the larger sub-districts receive more of the State funds 
than the smaller sub-districts, the latter ought to receive proportionally 
more of the township tuition fund than the former. If, however, the 
larger sub-districts contain two or more schools, or actually require 
more tuition money than the smaller to sustain their schools an equal 
length of time, they are entitled to more. 

The larger sub-districts may, in some instances, be obliged to pay 
higher wages than the smaller. The intention of the law is to require 
boards of education to provide the necessary funds, all the circumstances 
being duly considered, for continuing the schools of the several sub-dis- 
tricts an equal length of time. 

In case the township tuition fund is distributed by the board illegally, 
complaint should be made to the county commissioners under this sec- 
tion. 

Building Committees. — In township districts, directors are the legal 
building committees, but they can take the necessary steps for building 
or repairing only under the instruction and by the authority of the board 
of education. 



44 



OHIO SCHOOL LAWS. 



Ch. 6. 



School Funds. 



give notice thereof, in writing, to the county commissioners, 
who, at their first regular meeting for the transaction of 
business after the receipt of such notice, shall revise the ap- 
portionment, and the amount aforesaid shall be apportioned 
in the manner determined by the commissioners. [70 v» 
195, § 60.] 

Howcontingent Sec. 3968- In the city of Toledo, at each annual settle- 
fund to be ap 
plied m Toledo, j^g^^ Qf ^^q treasurer of the board of education with the- 

county auditor, there shall be placed to the credit of a sink- 
ing fund so much of the proceeds of the levy for contingent 
fund as would be produced by a levy of two mills, and the 
treasurer shall apply the same in payment of school bonds^ 
and interest thereon, and to no other purpose. [75 v. 526,. 
§56.] 

Sec. 3969. If the board of education of any district 
fail in any year to estimate and certify the levy for a con- 
tingent fund, as required by this chapter or to provide suffi- 
cient school privilege for all the youth of school age in the 
district, or to provide for the continuance of any school in 
the district for at least six months in the year, or to provide 
for each school an equitable share of school advantages as re- 
quired by this title, or to provide suitable school-houses for 
all the schools under its control, the commissioners of the 
county to which such district belongs, upon being advised 
and satisfied thereof, shall do and perform any or all of said 
duties and acts, in as full a manner as the board of educatioa 
is by this title authorized to do and perform the same ; and 
the members of a board who cause such failure shall be each 
severally liable, in a penalty not exceeding fifty nor less than 



County commis- 
sioners to levy 
contingent fund 
when board 
neglects. 



Sec. 3969. By tliis section the county commissioners are authorized to 
do whatever the board of education has not done, in order to furnish op- 
portunities for six months' tuition to all the school youth of the district. 



OHIO SCHOOL LAWS. 



45 



Provisions applying to all Boards. 



Ch. 7. 



twenty-five dollars, to be recovered in a civil action in the 
name of the state, upon complaint of any elector of the dis- 
trict, which sum shall be collected by the prosecuting attor- 
ney of the county, and when collected shall be paid into the 
treasury of the county, for the benefit of the school or schools 
of the district. [72 v. 59, § 59.] 

Sec. 3970. The auditor of each countv shall collect, or county auditor 

to collect fljies, 

cause to be collected, all fines and other money for the sup- seotioSiixteen* 

accounts. 

port of common schools in his county, and pay the same to 
the county treasurer ; he shall inspect all accounts of inter- 
est accruing on account of section sixteen or other school 
lands, whether the same is payable by the state or by the 
debtors ; and he shall take all proper measures to secure to 
each school district in his county the fall amount of school 
funds to which it is entitled. [70 v. 195, § 120.] 



CHAPTER 7. 



PROVISIONS APPLYING TO ALL BOARDS. 



SEcraoN 

3971. Powers of boards of education. 

What property the boards have 
title to. 

School property exempt from tax- 
ation. 

Conveyances and contracts. 

Boards may accept beguests. 

3976. Process against boards, and how 

served. 

3977. Duties of prosecuting attorney 

and city solicitor. 
3978. Tie votes to be decided by lot. 



3972. 



3973. 



3974. 
3975. 



Section 

3979. Oath of members and other offlcers- 

3980. Organization of board. 

3981. Vacancies in board, and how filled. 

3982. Qaorum; yeas and nays to be taken 

in certain cases. 

3983. Absence of president or clerk. 

3984. Eecord of proceedings, and attesta- 

tion thereof. 

3985. Boards to make rules ; illegal meet- 

ings. 

3986. Board may make and enforce rules 

for vaccination. 



The boards of education of all school Powers of 

boards of edu- 

districts now organized and established, and of all school dis- cation. 



Section 3971. 
istricts now orgai 
tricts organized under the provisions of this title, shall be. 



46 OHIO SCHOOL LAWS. 



Ch. 7. Provisions applying to all Boards. 

and they are hereby declared to be bodies politic and corpo- 
rate, and as such capable of suing and being sued, contract- 
ing and being contracted with, acquiring, holding, possess- 
ing, and disposing of property, both real and personal, and 
taking and holding in trust, for the use and benefit of such 
districts, any grant or devise of land, and any donation or 
bequest of money or other personal property, and of exer- 
cising such other powers, and having such other privileges, 
as are conferred by this title ; but when a board of education 
decides to dispose of any property, real or personal, held by 
it in its corporate capacity, exceeding in value three hun- 
dred dollars, it shall sell the same at public auction, after 
giving at least thirty days' notice thereof, by publication in 
some newspaper of general circulation, or by posting notices 
in five of the most public places in the district to which such 
property belongs. [70 v. 195, § 37.] 
What property Sec. 3972. All property, real or personal, which has 

the boards have 

title to. heretofore vested in and is now held by any board of educa- 

tion, or the council of any municipal corporation, for the use 
of public or common schools in any district, is hereby vested 
in the board of education provided for in this title, having 
under this title jurisdiction and control of the schools in 
such district. [70 v. 195, § 39.] 



Sec. 3971. A board of education is not liable in its corporate capa- 
city, for damages for an injury resulting to a pupil -while attending a 
common school, from its negligence in the discharge of its official duty 
in the erection and maintenance of a common school building under its 
charge, in the absence of a statute creating a liability. Finch v. Board 
of Education, 30 O. S., 37. 

Sec. 3972. Under the act of May 1, 1873 (70 v. 195), the corporate 
boards of education therein provided for succeed to all existing rights of 
action in relation to the common school property and funds which were 
theretofore vested, by previous legislation, in other agencies to whose 
control such property and funds had been confided. Crojton v. Board of 
Education, 26 O. S., 571. 



OHIO SCHOOL LAWS. 



47 



Provisions applying to all Boards. 



Ch. 7. 



Sec. 3973. All property, real or personal, vested in any fxem Vfrom^^ 
board of education, shall be exempt from tax, and from sale 
on execution, or other writ or order in the nature of an exe- 
cution. [70 V. 195, § 72.] 

Sec. 3974. All conveyances made by a board of educa- Conveyances 

*' -^ and contracts. 

tion shall be executed by the president and clerk thereof; 

no member of a board shall have any pecuniary interest, 

either direct or indirect, in any contract of the board, or be 

employed in any manner for compensation by the board of 

which he is a member, except as clerk or treasurer ; and no 

contract shall be binding upon any board unless it be made 

or authorized to be made at a regular or special meeting of 

the board. [70 v. 195, §§ 31, 38.] 

Sec. 3975. All boards of education may, by the adop- Boards may ac- 
cept bequests. 

tion of a resolution, accept any bequest made to them by 
will, upon the conditions and stipulations contained in the 
will, and for the purpose of enabling such boards to carry 
out the conditions and limitations upon which the bequest 



PROTECTION OF SCHOOL PROPERTY AN© SCHOOLS. 

Sec. 11. Whoever willfally interrupts or disturbs any assembly of 
persons met for a lawful purpose, or any person while he is at or about 
the place where such assembly is to be held, or is or has been held, shall 
be fined not more than fifty dollars, or imprisoned not more than ten 
days, or both. [73 v. 224, ^ 1; 61 v. 98, H, S. & S., 288; 70 v. 216, § 74.] 

Penal Code, Chap. 5, Sec. 11. 

Sec. 39. Whoever maliciously injures or defaces any church edifice, 
school-house, dwelling-house, or other building, its fixtures, books or ap- 
purtenances, or commits any nuisance therein, or purposely and mali- 
ciously commits any trespass upon the inclosed grounds attached thereto, 
or any fixtures placed thereon, or any inclosure or sidewalk about the 
same, shall be fined in any sum not more than one hundred dollars. [63 
V. 175, H, S. & S., 280, § 51 ; 70 v. 216, § 73.] 

Penal Code, Chap. 4, Sec. 39. 

Sec. 3974. This section forbids financial dealing between the board 
and any of its members, except the payment for services of clerk and 
treasurer. 

Neither a member of the board nor a director can be employed as 
teacher in his own district or sub-district. 

Section 42 of the Penal Code recites that, "A member of a board of 
education organized under any law of this state, who accepts or receives 
any compensation for his services as such member, except as clerk or 
treasurer of said board, shall be deemed guilty of embezzlement of the 
amount so received, and punished accordingly." 



48 



OHIO SCHOOL LAWS. 



Ch. 7. 



Provisions applying to all Boards. 



Process against 
boards, and 
how served. 



Duties of prose- 
cuting attor- 
ney and city 
solicitor. 



Tie votes to be 
decided by lot. 



is made, they are authorized to make all rules and regula- 
tions that may be required to fully carry into effect the pro- 
visions of the will in relation to the bequest. [73 v. 205, § 2.] 

Sec. 3976, The process in all suits against a board of 
education shall be by summons, and shall be served by leav- 
ing a copy thereof with the clerk or president of the board. 
[70 V. 195, § 68.] 

Sec. 3977. The prosecuting attorney of the proper 
county, or, in case of a city district, the city solicitor, shall 
prosecute all actions which by this title may be brought 
against any member or officer of a school board in his indi- 
vidual capacity, and shall act, in his official capacity, as the 
legal counsel of such boards or officers in all civil actions 
brought by or against them in their corporate or official 
capacity ; but no prosecuting attorney or city solicitor shall 
be a member of the board of education. [70 v. 195, § 69.] 

Sec. 3978. In all cases of tie votes, at any election for 
members "of a board of education, or of directors of a sub- 
district, the judges of election shall decide the election by 
lot ; and in other cases of failure to elect members of the 
board, or in case of a refusal to serve, the board shall ap- 
point. [70 V. 195, § 43.] 



Sec. 3976. In all suits against members of boards of education or di- 
rectors in their individual capacity, judgments and costs must be paid 
by the parties themselves, and not by the board of education out of the 
school funds. 

The appropriation of school money for such purposes would be a mis- 
appropriation of such funds, and should be punished as provided in Chap- 
ter 4, Section 11, of the Criminal Code. 

TITLE TO OrFICE. 

Sec. 3978. A quo-tcarranto is the proper writ to try the question ot 
title to an office. 

The director claiming his office by color of an election or appointment, 
is an officer de facto, and his acts in relation to the public, or third per- 
sons, are valid until he is removed. 

The same may be said of members of boards of education. 

School officers may be restrained from doing an illegal act by writ of 

INJUNCTION. 

Mandamus is the process for compelling the performance of official duty 
on the part of one who has sworn to make such performance. 



OHI® SCHOOL LAWS. 



4B 



Provisions applying to all Boards. Ch. 7. 



Sec. 3979. Each person elected or appointed a member S?andSr 

officers. 

of a board of education, or elected or appointed to any other 
office under this title, shall, before entering upon the duties 
of his office, take an oath or affirmation to support the con- 
stitution of the United States and the constitution of the 
state of Ohio, and that he will perform faithfully the duties 
of his office ; which oath or affirmation may be administered 
by the clerk or any member of the board. [71 v. 15, § 42 ] 

Sec. 3980, Each board of education shall organize by J^^^^*^°^ °^ 
choosing one of its members president, and, except township 
boards, by choosing also a clerk, who may or may not be a 
member of the board ; if, at the organization of a township 
board, the township clerk is absent, the board shall appoint 
one of its members clerk pro tempore ; and such organiza- 
tion shall be effected on the third Monday of April each 
year, except as otherwise provided in section thirty-nine hun- 
dred and fourteen. [70 v. 195, § 29; 70 v. 241, § 44.] 

Sec. 398 1 . Vacancies in -any board of education, except of vacancies in 

"^ ^ board^ and 

a township district, arising from death, non-residence, resig- °^ 
nation, expulsion for gross neglect of duty, failure of a per- 
son elected or appointed to qualify within ten days after the 
annual organization or after his appointment, or from other 
cause, which occur more than fifteen days before the next 
annual election, the board shall fill without de-lay, until the 
next annual election, when a successor shall be elected to 



Seg, 3980. The mode of electing officers of the board is stated in sec- 
tion 3982. 

VACANCIES IN BOAEDS OF EDUCATION. 

Sec. 3981. TheleaTingofadistrict temporarily by a member of aboard 
of education is not equivalent to a resignation ; nor has the board power 
to declare the place vacant in such case of temporary absence. 

Any i?psolution of a board declaring what shall constitute a forfeiture 
of membership has no validity, such [ower not being conferred upon 
boards of education. 



m 



OHIO SCHOOL LAWS. 



Ch. 7. 



Provisions applying to all Boards. 



Qnonim; yeas 
and nays to be 
iaken in c«i'- 
-iaia cases. 



fill the unexpired term; any vacancy which occurs in a 
township board, from any of the causes aforesaid, shall be 
filled by the election of a clerk by the directors of the proper 
sub district ; and a clerk of a sub district who is guilty of 
gross neglect of duty shall cease to hold his office, and a new 
election shall be held by the directors to fill such office. [70 
V. 195, §43.] 

Sec. 3982. A majority of the board of education shall 
constitute a quorum for the transaction of business; upon a 
motion to adopt a resolution authorizing the purchase or 
sale of property, either real or personal, or to employ a 
superintendent, teacher, janitor, or other employe, or to elect 
or appoint an officer, or to pay any debt or claim, or to adopt 



MODES OF VOTING 

Sec. 398i. In other matters of business noc herein specified, snch roll- 
call is not required, unless demanded by a member of the board, and a 
majority of a, quornm is snfficient to carry a lueasnre. In the cases stated, 
if only a majosity of the v ting members are presenn the vote must be 
unanimous. 

An agreemj-nt by members of a township board of education, acting in 
their individual capacity, to purchase from another person apparatus for 
the schools of the township, and to ratify «ach contract of purchase at 
the next meeting of the board, is contrary to public policy, and, there- 
fore, illegal and void, and not enforceable, either against the board or 
the members thereof as iudividurtls. McCortle v. Bates, 29 O. S., 419. 

A board of education is a body corporate, and the contracting of a debt 
by the board, and the directiug the issuance of an order to pay it, are 
corporare acts which can not be performed by the individual members 
of the board separately; and, therefore, a contract which was signed by 
the members of the board separately, and delivered to the clerks, and 
which was afterward, at a sulisequent meeting, repudiated by the board, 
■was he'd not be binding upon either party. State v. Liberty Tp., 22 
O. S. 144. 

The order of the clerk ou the treasurer is not negotiable, and the writ- 
ten acceptance of an order by a treasurer who has gone out of office im- 
poses no greater obligation on the treasurer to pay than if it had been 
presented without such indorsement. lb. 

Transaction of business. — All business of the board of education must be 
transacted at a meeting attended by a majority of the members A writ- 
ten agreement to purchase maps, apparatus, etc., or to vote for such pur- 
chase at the next meeting, signed by a ujajority or all of the individual 
members of the board, but not at a meeting, has no legal validity as an 
act of the board of education, and the township clerk has no authority 
to draw an order upon the treasurer for the payment of any sum required 
to fulfil] such illegal contract. 

Such a transaction is not an act of the board any more nearly than an 
agreement of the members of the general assembly at their homeB to sup- 
port some proposed measure is a law of the state. 

Meetings of board. — The members of Ihe board are bound to know the 



OHIO SCHOOL LAWS. 



61 



Provisions applying to all Boards. Ch. 7. 



any text-book, the clerk of the board shall call, publicly, the 
roll of all the members composing the board, and enter on 
the record required to be kept the names of those voting 
" aye," and the names of those voting "no;" if a majority of 
all the members of the board vote "aye," the president shall 
declare the motion carried; and upon any motion or resolu- 
tion any member of the board may demand the yeas and 
and nays, and thereupon the clerk shall call the roll, and 
record the names of those voting "aye" and those voting 
"no." [71 V. 15, § 42.] 
Sec. 3983. If at any meeting of the board either the Absence of 

. 1 11 president or 

president or clerk is absent, the members present shall clerk. 

choose one of their number to serve in his place pro tempore ; 

and if both are absent, both places shall be so filled; but on 

the appearance of either at the meeting, after his place has 

been so filled, he shall immediately assume the duties of his 

office. [70 V. 195, § 31.] 

Sec. 3984. The clerk of the board shall record the pro- secord of pro- 
ceedings an " 
ceedings of each meeting, in a book to be provided by the f^^^^/'°'' 

board for that purpose, which shall be a public record ; the 

record of proceedings at each meeting of the board shall be 

time and place of the two regular meetings provided for by law, without 
notice. 

No notice of an adjourned meeting is required to be given, except to 
members who were absent from the regular or prior meeting. 

But at a special meeting no act can be done unless all the members 
have had reasonable notice of the time (and of the place also, if it be an 
unusual one) of the meeting. 

The statute makes no exposition of what shall constitute a contract 
between a teacher and his employers, and the manner of employment is 
not settled by custom. 

Usually a resolution moving the employing of a certain superintendent 
or teacher, and receiving the votes of a majority of all the members of 
the board is regarded as a contract between the parties. This bare act 
would surely not so be interpreted by the courts. When based upon the 
application of the teacher, and followed by notice from the clerk acting 
under instructions, the salary attached to the position being a matter of 
common knowledge, or stated in both application and resolution, it would, 
without much doubt, be a contract. 

However, a written agreement signed by the proper parties is more def- 
inite and satisfactory. 



thereof. 



S2 



OHIO SCHOOL LAWS. 



Ch. 7. 



Provisions applying to all Boards. 



Board to make 
rules and regu- 
lations; illegal 
meetings. 



Board of edu- 
cation to make 
and enforce 
lules for vacci- 
nation. 



read at its next meeting, corrected if necessary, and ap- 
proved, and the approval shall be noted in the proceedings; 
and after such approval the president shall sign the record, 
and the clerk shall attest the same. [70 v. 195, § 29 ; 71 v. 
15, § 42.] 

Sec. 3985. The board of each district shall make such 
rules and regulations as it may deem expedient and neces- 
sary for its government, and the government of its ap- 
pointees and the pupils ; and no meeting of a board of ed- 
ucation not provided for by its rules, or by law, shall be legal 
unless all the members thereof have been notified as pro- 
vided for in section thirty nine hundred and twenty. [70 v. 
195, § 54.] 

Sec. 3886. The board of each district may make and en- 
force such rules and regulations to secure the vaccination of, 
and to prevent the spread of small-pox among, the pupils at- 
tending or eligible to attend the schools of the district, as 
in 'Ae opinion the safety and interest of the public require ; 
and the boards of health and councils of municipal corpora- 
tions, and the trustees of townships, shall, on application of 
the board of education of the district, provide at the public 
expense, without delay, the means of vaccination to such 
pupils as are not provided therewith by their parents or 
guardians. [69 v. 22, § 1.] 



OHIO SCHOOL LAWS. 



53 



School-houses and Libraries. 



Ch. 8. 



CHAPTER 8. 

SCHOOL-HOUSES AND LIBRARIES. 



Skction 
3987. 



3989. 



3990. 



3992. 



3993. 
3994. 



Boards to provide school-houses. 
Directions for bidding and for 

letting contracts. 
Erection of school-houses in joint 

sub-districts!. 
"When board may appropriate 

property. 
When and how question of tax 

levy submitted to voters. 
If levy approved, board to certify 

it to auditor. 
How .the levy may be anticipated. 
Issue of bonds by boards of city 

districts of first class. 
Certain boards may appropriate 

money for library, etc. 
Levy for library in cities. 



Section 

3997. How library tax to be expended. 
Board may appoint libcarian, etc. 
In certain cities may appoint man- 
agers of library. 
Board of Cleveland to appoint li- 
brary committee. 
4001. Powers and duties of such commit- 
tee. 
How library tax to be expended. 
Consolidation of libraries in Ports- 

mouth authorized. 
Board of Portsmouth to appoint li- 
brary committee. 

4005. Powers and duties of such commit- 

tee. 

4006. How such library maintained and 

managed. 



3998. 
3999. 



4000. 



4002. 
4003. 



4004. 



SCHOOL-HOUSES. 

Section 39*87. The board of education of any district 
is empowered to build, enlarge, repair, and furnish the nee- Boards to pro 

vide sohool- 

essary school-houses, purchase or lease sites therefor, or rent ^°^^^^- 



CUSTODY OF SCHOOL-HOUSES. 

Sec. 3987. Schcol-honses, school-house sites, and other school property 
do not belong to the sub-districts in which they are located, but are the 
property of the township ; and the township board of education, in their 
corporate capacity, have full power, within the limitations of the law, 
to control the same in such manner as they may think will best subserve 
the interests of education. 

Directors have also a supervisory care of the school-house and other 
school property in their sub district, but their authority is subordinate to 
that of the township board, and must always be exercised in obedience 
to their directions. 

Use of school houses. — It is the duty of the township board of education 
to exercise such supervision over the school-houses in the several sub- 
districts, as may be necessary to prevent their being used in such a man- 
ner and for such purposes as may interfere with their use for the legitimate 
and special purposes for which they were erected. But, when their use 
for school purposes is not interfered with, and the furniture, apparatus, 
books, and other property belonging to the school or the pupils are not 
destroyed or injured, the board may permit their application to any ob- 
ject of social or moral improvement which the directors or the inhabitants 
may sanction and desire. 

Inhabitants of a school district have no right to use the school-house 
for religious meetings and Sunday-schools against the objection of any 
tax-payer of the district, even though the district may have voted to* 
allow such use, and an injunction will be granted against such use, on the 
application of such tax-payer. [27 Conn., 499.] 

The Supreme Court of Massachusetts held, in case of George vs. School 



54 



OHIO SCHOOL LAWS. 



Ch. 8. .School-houses and Libraries. 



suitable school rooms, and make all other necessary provis- 
ions for the schools under its control ; directors of sub-dis- 
tricts shall, under such rules and regulations as the township 
board of education may prescribe, provide fuel for schools, 
build, enlarge, repair, and furnish school-houses, purchase or 
lease sites therefor, rent school-houses, and make all other 
provisions necessary for the convenience and prosperity of 
the schools within their sub-districts ; and the township 
board shall be held responsible, in its corporate capacity, for 
all contracts made by such directors, when they are made 



District Mendon (6 Metcalf, 510), as follows: "If, under color of this 
corporate power of a school district, the inhabitants should vote to erect 
an expensive and ornamental building, with a view to improve the neigh- 
borhood, to enhance the value of real estate, to accommodate societies, 
lecturers, dramatic exhibitions, or even to have a convenient place for 
religious meetings or public worship, or for any other use than that of a 
district town school, it would not be within the legitimate authority of a 
school district, and any vote to levy a tax on the inhabitants for such a 
purpose would be void." 

Where a township board has resolved to sell the old site of a sub- 
district school house, and has purchased a new site, and, notifying the 
local directors of the sub-district of their action in the premises, instructed 
them to sell the former, and to build a new school-honse on the latter, 
and the local directors, disregarding such instructions, proceed to build 
anew school -house on the old site, and keep up a school therein — Held: 
That the local directors are guilty of such insubordination and neglect as 
to justify the township board in exercising the powers and duties which 
would otherwise devolve on the local directors, and in building a school- 
house on the new site, and employing a teacher therein; and such teacher 
is entitled to be paid his wages out of the township treasury, on the 
order of the township board. \_Siaie vs. Lynch, 8 O. S., 348.] 

Under the act of March 14, 1853 (51 v. 429), a township board of edu- 
cation has the power to designate the particular place where school- 
houses in sub-districts shall be built; and the powers which, in this re- 
spect, the statute confers on the local directors of a sub-district, are to 
be exercised in subordination to the paramount authority of the township 
board of education. ^Hughes vs. Board of Education, 13 O. S. 336.] 

LiaMlity of Directors for Illegal Contracts. — Unless authorized by resolu- 
tion of the township board of education, directors, in contracting for the 
building of a school-house, can not exceed the appropriation made for 
that purpose without rendering themselves personally liable for sach 
excess. Boards of education are not responsibJe for the illegal contracts 
of directors. If a board refuses to appropriate sufficient funds to build a 
good school-house, the directors may appeal to the county commissicners. 

Reporting of Contracts. — Directors can not receive any portion of the 
school funds for disbursement, but, on the contrary, they are required to re- 
port all contracts for fuel, etc., to the township board for payment; and 
unless the township clerk is authorized by a rule of the board to df aw 
the requisite orders for amounts certified by directors to be due on con- 
tracts legally made by them, such contracts can only be paid after they 
have been duly reported to the board and approved. (See Sec. 4047.) 



OHIO SCHO L LAWS. 55' 



School-houses and Libraries. Ch. 8. 



in accordance with the rules and regulations of the township 
board, or any resolution thereof. [70 v. 195, § 55.] 

Sec. 3988- When a board of education determines to P.^??*^°°^ ^^^ 

bidding, and 

build, enlarge, repair, or furnish a school-house or school- tract*.' ^ 
houses, or make any improvement or repair provided for in 
this chapter, the cost of which will excee ■, in city districts 
of tHe first and second class, fifteen hundred dollars, and in 
other districts five hundred dollars, except in cases of urgent 
necessity,- or for the security and protection of school prop- 
erty, it shall proceed as follows : 

1. The board shall advertise for bids, for the period of 
four weeks, in some newspaper of general circulation in the 
district, and two such newspapers, if there are so many; and 
if no newspaper has a general circulation therein, then by 
posting such advertisements in three public places therein, 
which advertisements shall be entered in full by the clerk, 
on the record of the proceedings of the board. 

2. The bids, duly sealed up, shall be filed with the clerk 
by twelve o'clock, noon, of the last day stated in the adver- 
tisement. 

3. The bids shall be opened at the next meeting of the 
board, be publicly read by the clerk, and entered in full on 
the records of the board. 

4. Each bid shall contain the name of every person in- 
terested in the same, and shall be accompanied by a suffi- 
cient guarantee of some disinterested person, that if the bid 
be accepted, a contract will be entered into, and the perform- 
ance of it properly secured. 

6. When both labor and materials are embraced in the 
work bid for, each must be separately stated in the bid, with 
the price thereof. 



56 



OHIO SCHOOL L.A.WS. 



Ch. 8. 



School-liouses and Libraries. 



Erection of 
3Chool-lioase» 
in joiat sub- 
distriets. 



6. None but the lowest responsible bid shall be accepted; 
but the board may, in its discretion, reject all the bids, or 
accept any bid for both labor and material which is the low- 
est in the aggregate for such improvement or repairs. 

7. Any part of a bid which is lower than the same part 
of any other bid, shall be accepted, whether the residue of 
the bid is higher or not ; and if it is higher, such residue 
shall be rejected. 

8. The contract shall be between the board of education 
and the bidders: and the board shall pay the contract price 
for the work, when it is completed, in cash, and may pay 
monthly estimates as the work progresses. 

9. When two or more bids are equal, in the whole, or in 
any part thereof, and are lower than any others, either may 
be accepted, but in no case shall the work be divided between 
the makers thereof. 

10. When there is reason to believe that there is ai?y col- 
lusion or combination among the bidders, or any number of 
them, the bids of those concerned therein shall be rejected. 
[70 V. 195, § 55.] 

Sec 3989. When it becomes necessary to rebuild the 
school house of a joint sub- district, or, for the better accom- 
modation of scholars, to change the school house site and 
erect a new building thereon, the question of such rebuild- 
ing, or of such change of site and erection of a new building, 
shall be determined by a majority vote of the board of direc- 
tors of such sub-district, and in such manner as to secure the 
better accomodation of a majority of scholars in the same ; 
any funds which may be or have been assessed and collected 
for. the builiiing of such school-hoase shall be transferred to 
the custody of the board of education of the township in 
which the new building is to be erected, which board shall 



OHIO SCHOOL LAWS. 



57 



School-houses and Libraries. Ch. 8. 



proceed in all matters connected with the erection of the 
building in accordance with the provisions of this chapter ; 
and if the location be changed to another township, the per- 
sonal property belonging to such sub-district shall be trans • 
ferred t® the board of education of such township ; and any- 
real property belonging thereto, and situate in the township 
from which the location is changed, shall be sold by the 
board of education of such township, and the proceeds of the 
sale transferred to the board of education of the township to 
which the location is changed. [72 v. 63, § 36.J 

Sec. 3990. When it is necessa,ry to procure or enlarge when boards 

may appropri- 

a school-house site, and the board of education and the ov/ner ^*® property, 
of the proposed site or addition are unable from any cause to 
agree upon the sale and purchase thereof, the board shall 
make an accurate plat and description of the parcel of land 
which it desires for such purpose, and file the same with the 
probate judge of the proper county ; and thereupon the same 
proceedings of appropriation shall be had which are provided 
for the appropriation of private property by municipal cor- 
porations. [70 V. 195, § 65.] 

Sec. 3991. When the board of education of any district, when and how 

question of tax 

except a city district of the first class, determines that it is l^lotCTs™"*^'' 
necessary, for the proper accommodation of the schools of 
such district, to purchase a site or sites, and erect a school- 
house or school-houses thereon, or to do either, and ascer- 
tains that the purchase of such site or sites, and the erection 
and furnishing of such school-house or school-houses, or 
either, will require a greater tax upon the property of such 
district than the board is authorized by this title to levy, 
and that to provide the means therefor it will be necessary 
to issue bonds, it shall make an estimate of the probable cost 
of such site or sites, and such school-house or school-houses,. 



58 



OHIO SCHOOL LAWS. 



Ch. 8. 



School-houses and Libraries. 



If levy ap- 
proved, board 
to certify it to 
auditor. 



Ho-w the levy 
may be antici- 
pated. 



or of either, and at a general election, or a special election 
called for that purpose, shall submit to the electors of the 
district the question of levying taxes for such purposes, or 
either of them, and the further questions whether the levy 
shall be made from year to year thereafter, and what amount 
shall be levied each year until the actual cost of such site or 
sites, and the erection of such school bouse or school houses, 
or either, is raised ] and ten days' notice of such submission 
shall be given by the board, by posters put up in five of the 
most public places in the district, which shall state the time, 
place, and object of the election. [70 v. 241, § 61.] 

Sec. 3992- If a majority of the electors at such election 
vote in favor of levying taxes for such purposes, or either of 
them, of continuing the levy from year to year thereafter, 
and for the amount to be levied each j-ear, the board shall 
certif}^ the levy annually to the county auditor, who shall 
place the same upon the tax duplicate in the same manner 
that other taxes certified by such board are required to be 
placed thereon ; and when the district is divided by a county 
line, the lev}- shall be certified, collected, and paid in the 
manner provided in sections thirty-nine hundred and sixty-one 
and thirty-nine hundred and sixty-iivo, in the case of levies for 
joint sub-districts. [70 v. 195, § 62.] 

Sec. 3993- To enable such board to anticipate the 
money to be raised it may borrow the sum of money neces- 
sary, not exceeding the amount so authorized to be levied, 
and issue bonds therefore, payable as indicated by the vote 
provided for in section thirly-n'm hundred aW ninety-one^ 
after a certain day to be named therein, and bearing interest 
payable semi-annually, at a rate specified therein, not exceed- 
ing six per centum per annum ; the bonds shall be in such 
sums as the board may determine, be numbered consecutively, 



OHIO SCHOOL LAWS. 59 



School- houses and Libraries. Ch. 8. 



made payable to the bearer, bear date the day of sale, and be 
signed by the board officially ; the clerk of the board shall 
keep a record of the number, date, amount, and rate of in- 
terest of each bond sold, the sum for which and the name of 
the person to whom sold, and the time when payable, which 
record shall be open to the inspection of the public at all 
reasonable times; and the bonds so issued shall in no case 
be sold for a less sum than their par value, nor bear interest 
"ontil the purchase money for the same shall have been paid 
by the purchaser. [70 v. 195, § 63 ] 

Sec. 3994. The board of education of any city district issue of bonds 

•' " by boards of 

r.i/2ii . T J. ■ j_ 1 • -J C.I city districts of 

01 the nrst class, except a district embracing a city of the first class. 
first grade of the first class, may issue bonds to obtain or im- 
prove public school property, and in anticipation of income 
from taxes for such purpose, levied or to be levied, may, from 
time to time, as occasion requires, issue and sell bonds, un- 
der the restrictions and bearing a rate of interest specified 
in the preceding section, and pay such bonds and interest 
thereon when due, but shall so provide that no greater amount 
of such bonds shall be issued in any year than would equal 
the aggregate of a tax at the rate of two mills, for the year 
next preceding such issue ; but the order to issue such bonds 
shall be made only at a regular meeting of the board, and by 
a vote of a majority of all the members thereof, taken by yeas 
and nays, and entered on the journal of the board. [75 v. 
526, § 56.1 

LIBEfARIES. 

Sec. 3995. In any district the board of education may Certain boards 

"^ may appro pri- 

appropriate money from the contingent fund for the purchase utoary.^eto."'^ 
of such books, other than school-books, as it may deem suit- 
able for the use and improvement of the scholars and 
teachers of the district, and in the purchase of philosophical 



60 



OHIO SCHOOL LAWS. 



Ch. 8. 



School-houses and Libraries. 



Levy for library 
in cities. 



How library 
tax to be ex- 
pended. 



Board may ap- 
point librarian 
etc. 



or other apparatus for the demonstration of such branches of 
education as may be taught in the schools of the district, or 
for either of such purposes ; but not more than one-half of 
the amount herein authorized to to appropriated shall be ex- 
pended in the purchase of such apparatus ; such appropria- 
tion shall not exceed, in any one year, three hundred dollars 
in city districts of the first class, one hundred and fifty dol- 
lars in city districts of the second class, and seventy-five dol- 
lars in other districts ; and the books so purchased shall 
constitute a school library, the control and management of 
which shall be vested in the board of education. [72 v. 29, 
§ 51.] 

Sec. 3996. For the purpose of increasing and main- 
taining the school library of city districts, the board of edu- 
cation may levy annually a tax of one-tenth of one mill on 
the dollar valuation of the taxa,ble property thereof, to be 
assessed, collected, and paid in the same manner as are other 
school taxes of such districts. [64 v. 62, § l.J 

Sec. 3997. The amount of such tax, when collected, 
shall be expended, under the direction of the board, for the 
purchase of such books as are suitable for public school 
libraries, the bills for which, with the attendant expenses, 
shall be certified by the president and clerk, and paid by the 
treasurer of the school funds. [64 v. 62, § 2.] 

Sec. 3998, The board may appoint a librarian, fix his 
compensation, and make all needful rules and regulations 
for the management of the library, to which every family 
resident in such city districts shall have access. [64 v. 62, 
§3.] 

Sec. 3999. In cities not having less than twenty thou- 
sand inhabitants, the board of education having custody of 
any public library therein may, at any regular meeting, 



OHIO SCHOOL LAWS. 61 



School-housea and Libraries. Cli. 8. 



adopt a resolution providing for a board of managers of such 
library, and shall thereupon elect, by ballot, two persons to 
serve as members of such board for a term of three years, 
two persons to serve for a term of two years, and two per- 
sons to serve for a term of one year ; and annually thereafter 
two persons shall be elected to serve for a term of three years ; 
all vacancies in such board shall be filled by the board of 
education by ballot, and a person so elected shall serve dur- 
ing the unexpired term of his predecessor; the president of 
the board of education shall be a member of the board of 
managers ex-officio: and the board of managers shall at all 
times be amenable to and under the control of the board of 
education, as to tenure of office and authority, and shall serve 
without compensation. f64 v. 100, § 1.] 

Sec. 4000. The board of education of the city of Cleve- J^^^^K pS.t' 
land shall, at its first regular meeting after the second Mon- mittee. 
day in April, 1880, and every two years thereafter, elect, by 
ballot, not less than three nor more than seven suitable per- 
sons, residents of said city, but other than the members of 
the board, who shall be known as the library committee of 
the city, and shall hold office for the period of two years from 
such election, and until their successors are elected, and 
without compensation. [75 v. 101, § 1.] 

Sec. 4001. Such committee shall report, in writing, to Powers and 

° duties of such 

the board of education, at least once each year, and oftener <^'^°^^**^- 
if required by the board, and shall have entire charge and 
control of the school library in the city, and shall have full 
power to make all rules and regulations for the government 
and regulation thereof, to employ a librarian, and such 
assistants and help as may be needed, for the care and pro- 
tection of the library, and to attend to the drawing and re- 
turn of books ; but the salary of such librarian, and the rate 



62 OHIO SCHOOL LAWS. 



Ch. 8, School-houses and Li'^raries. 



of compensation of such assistants and help, shall be fixed 
by the board of education, [committee] by resolution, prior 
to such employment. [76 v. 50, §2.] 
Library tax, Sec. 4002. For the purposc of increasing and maintain- 

and how to be 

expended. ^ jng the school library in said city, and the territory thereto 
attached for school purposes, such library committee may 
levy annually a tax of two and one-half tenths mills on the 
dollar valuation of the taxable property of the city, and the 
territory thereto attached for school purposes, to be assessed, 
collected, and paid in the same manner as are the school 
taxes of the city ; all money appropriated or collected by tax 
for the library shall be expended under the direction of the 
library committee, in the purchase of such books, pamphlets, 
papers, magazines, periodicals, and journals, as may be 
deemed suitable for the public school library, and in pay- 
ment of all other costs and charges, including the salaries of 
the librarian and assistants, that may be incurred in main- 
taining the library; and the bills and pay-rolls for such ex- 
penditures, shall, upon the order of the library committee, be 
certified by the chairman and secretary of such committee, 
and paid by the treasurer of the city from such library fund. 
[76 V. 50, § 3.] 

coneoUdatioriof Sec. 4003- In all citics which at the last federal census 

libraries in 

tiwri^ed^*^ ^^ ^^^j 01" at any subsequent federal census may have, a popu- 
lation of ten thousand five hundred and ninety-two, it shall 
be lawful to merge any public library therein heretofore 
established with any other library or reading-room therein 
existing ; but the library formed by such consolidation shall 
be kept open for the use of the public at all reasonable hours. 
[75 V. 541, § 1 ; 76 V. 27, § 1.] 

Sec. 4004. The board of education of every such city 
shall, at its first regular meeting after the second Monday in 



OHIO SCHOOL LAWS. 



63 



School houses and Libraries. Ch. 8. 



June, 1879, elect by ballot three suitable persons, residents ^o^^itorp-'^^' 

in point library 

of the city, but other than members of such board, who shall committee, 
be known as the library committee of the city, one to serve 
for one year, one for two years, and one for three years, and 
until their successors are duly elected and qualified, and 
shall, annually thereafter, elect in like manner one person 
with the same qualifications, to serve for three years, and 
until his successor is elected and qualified ; and any vacancy 
in such committee shall be filled for the unexpired term at 
the first regular meeting of the board held after the same 
occurs. [75 v. 541, § 2 ; 76 v. 97, § 2.] 

Sec. 4005. Such committee shall report in writing to powersand 

duties of such 

the board of education at least once each year, and oftener if committee, 
required by the board, and shall have entire charge and 
control of the school library in the city, with full power 
to make all rules and regulations, for the government and 
regulation thereof, to employ a librarian, and such assistants 
and help as may be needed for its care and protection, and 
to require of the librarian such bond as they may deem 
proper for t>e faithful performance of his duties, and to 
attend to the drawing and return of books ; but the salary 
of such librarian, and the rate of compensation of such 
assistants and help, shall be fixed by resolution prior to 
such employment. [76 v. 97, § 3.] 

Sec. 4006. For the purpose of increasing and main- how such librae 

ry maintained 

taining the school library in any such city, and the ter- and managed^ 

ritory thereto attached for school purposes, such committee 

may annually levy a tax of one-tenth of one mill on the 

dollar valuation of the taxable property of the city and 

the territory thereto attached for school purposes, to be 

assessed, collected, and paid in the same manner as are the 

school taxes of the city ; all money appropriated or collected 



64 



OHIO SCHOOL LAWS. 



Ch. 9. 



Scliool8, and Attendance Enforced. 



by taxation for such library shall be expended, under the 

direction of such committee, in the purchase of such books, 
pamphlets, papers, magazines, periodicals, and journals as 
may be deemed suitable for the public library, and in pay- 
ment of all other costs and charges, including the salaries of 
the librarian and assistants, that may be incurred in main- 
taining the library; and the bills and pay-rolls for such 
expenditures shall, upon the order of the library committee, 
be certified by the chairman and secretary of such com- 
mittee, and paid by the treasurer of the city from the library 
fund. [75 V. 541, § 2 ; 76 v. 97, § 4.] 



CHAPTER 9. 

SCHOOLS, AND ATTEKDANCE ENFOECED. 



ECTio: 
4007. 


Sufficient schools must be pro- 
vided. 


Sectk 
4019. 


4008. 


SmiooIs for colored children. 


4020. 


4009. 


Schools of higher grade than pri- 






mary. 


4021. 


4010. 


Schools at " children's homes " 






and countv infirmaries. 


4022. 


4011. 


Youth may bs sent to charity 






school at ZanesviUe. 


4023. 


4012. 


Eventus: schools. 


4024. 


4013. 


"WTio may be admitted to public 






schools. 


4025. 


4014. 
4015. 


Suspension and expulsion of pu- 

pils. 
Teachers may dismiss schools on 

holidays. 


4026. 
4027. 


4016. 


School year, month, and week. 




4017. 
4018. 


Board to control schools, and ap- 
point officers. 

Directors to employ, pay, and 
dismiss teachers. 


4028. 
4029. 



Teacher dismissed for insufficient 
cause may institute suit. 

Board to determine studies and 
text-books. 

"When German language to be 
taught, etc. 

Pupils may be sent from one dis- 
trict to another. 

Children must attend school. 

Unlawful to employ children who 
have not attended school. 

Boards to ascertain condition of 
children not at school. 

"WTien board may supply pupil with 
books. 

Penalties against violation of pre- 
ceding provisions. 

Clerks must prosecute. 

"WTiat is equivalent to attendance 
on dav school. 



SCHOOLS. 

Each board of education shall establish a 



Sec. 4007 

nt num 
of the youth of school age within the district under its con- 



Sufficient 

provided. sufficient number of schools to provide for the free education 



OHIO SCHOOL LAWS. 65 



Schools, and Attendaoce Enforced. Ch. 9. 



trol, at such places as will be most convenient for the at- 
tendance of the largest number of such youth, and shall 
continue each and every day school so established not less 
that twenty-four nor more than forty-four weeks in each 
school year; and each township board of education shall 
establish at least one primary school in each sub-district 
under its control. [75 v. 513, § 50.] 

Sec. 4008. When, in the iudsrment of the board, it will schools for 

** ° ' colored chal- 

be for the advantage of the district to do so, it may organize 

separate schools for colored children; and boards of two or 

more adjoining districts may unite in a separate school for 

colored children, each board to bear its proportionate share 

of the expense of such school, according to the number of 

colored children from each district in the school, which shall 

be under the control of the board of education of the district 

in which the school-house is situate. [75 v. 513, § 50.] 

Sec. 4009. Any boari of education may establish one schools of high- 
er grade thau 

or more schools of higher grade than the primary schools, P"™'*''y- 
whenever it deems the establishment of such school or schools 
proper or necessary for the convenience or progress of the 
pupils attending the same, or for the conduct and welfare of 
the educational interests of the district. [75 v. 513, § 50.] 
Sec. 4010. The board of any district in which a chil- 

Sec. 4008. A school established for colored children in a township has 
no directors, but is under the immediate control of the township board. 

The act of March 14, 1853 (51 v. 4-29), as amended March 18, 18t)4 (61 
v. 31), authorizing the classiiication of school youth on the basis of color, 
does not contravene the constitiibion of the state nor the fourteenth 
amendment of the cuustitutiou of the United States; and colored child- 
ren residing in either of the districts for white children which have 
united in constructing a joint district for the education of colored child- 
ren are not, as of right, entitled to admission into the schools for whit© 
children. \_State vs. McCann, 21 O. S., 198.] 

TEACHERS IN CHILDRENS' HOMES. 

Sec. 4010. Teachers in childreus' homes, orphan asylums, and C3unty 
infirmaries in which schools have been established under the provisions 
of this section, must obtain certificates of qualifications from the county 
board of examiners. 



66 OHIO SCHOOL LAWS. 



Ch. 9. Schools, and Attendance Enforced. 

^^chiidrM's dren's home or orphans' asylum is or may be established by 

homes," or- , .,., i • n • i it-it 

phans' asylums, iaw, Or in which a county mnrmary is or may be established, 

and county in- 
firmaries, shall, when requested by the board of trustees of such chil- 
dren's home or orphans' asylum, or the directors of such 
infirmary, establish in such home, asylum, or infirmary a 
separate school, so as to afford to the children therein, as far 
as practicable, the advantages and privileges of a common 
school education ; such schools at infirmaries shall be con- 
tinued in operation each year until the full share of all the 
school funds of the district belonging to such children, on 
the basis of the enumeration, is expended, and at such homes 
or asylums not less than forty-four weeks ; if the distributive 
share of school funds to which such school at any such home, 
or asylum is entitled, by the enumeration of children in the 
institution, is not sufficient to continue the school the length 
of time hereby required, the deficiency shall be paid out of 
the funds of the institution ; all schools so established shall 
be under the control and management of the board of edu- 
cation or other school officers who have charge of the common 
schools of such district ; in the establishment of such schools 
the commissioners of the county in which such children's 
home, orphans' asylum, or county infirmary is established 
shall provide the necessary school room or rooms, furniture, 
apparatus, and books, the cost of which furniture, apparatus, 
and books, for such homes and asylums, shall be paid out of 
the funds provided for the institutions; and the board of 
^^ft'oXJrity education shall incur no expense in supporting the schools, 

school at Zanes- 

ViUe. except in the payment of teachers. [75 v. 513, § 50; 76 v. 

75, §1.] 

Sec. 401 1. The board of education of the city of Zanes- 
ville may contract with the trustees having the management 
of any fund which has been provided by gift, devise, or be- 



OHIO SCHOOL LAWS. 67 

Schools, and Attendance Enforced. Ch. 9. 



quest for the establishment or support of a school or schools 
for poor childreu therein, for the admission to any such 
school of children resident in the city, and pay to such 
trustees, out of the school funds under its control, such 
tuition fee as may be agreed upon for each scholar so ad- 
mitted, but not entitled to admission according to the terms 
of such gift, devise, or bequest, and also provide for such 
right of visitation or control of such school or schools by the 
board as may be agreed upon ; such school or schools shall 
be kept; at the least, equal in grade and efBciency to the cor- 
responding public schools of the state, and every such con- 
tract shall expire in three years from the time of its execu- 
tion, unless renewed or extended by agreement ; but this 
section shall in no manner apply to any school or schools 
supported or controlled by any church, congregation, sect, or 
religious denomination or association of any kind. [75 v. 
530, § 1] 

Sec. 4012. In any district composed, in whole or in Evening 

"^ ^ schools. 

part, of a city or village, the board may, at its discretion, 
provide a suitable number of evening schools for the instruc- 
tion of such youth as are prevented by their daily vocation 
from attending day schools, subject to such regulations as 
the board may, from time to time, adopt for the government 
thereof. [72 v. 29, § 51.] 

Sec. 4013. The schools of each district shall be free to who may be 

admitted to 

all youth between six and twenty-one years of age Avho are p'^^*^° schools. 
children, wards, orapprentices of actual residents of the dis- 
trict; each board of education may admit other persons, not 

Sec. 4013. The children, inmates of the German Protestant Asylum, of 
Cincinnati, are not " children, wards, or apprentices of actual residents" 
in the school district within which said asylum is located, and, therefore, 
under tbe act of February 21, 1<:^49 (2 Curwen, 1471), are not entitled to 
gratuitous admission to the privileges of the public schools of said dis- 
trict. State V, School Directors, 10 O. S., 44^. 



OHIO SCHOOL LAWS. 



Ch. 9. 



Scliools, and Attendance Enforced. 



-.spension and 
pulsion of 
iDils. 



■ chers may 
iiiss scliool 
aolidavs. 



under six years of age, upon sach terms, or upon the pay- 
ment of such tuition, as it may prescribe ; boards of city, 
village, or special districts may admit also, without charge 
for tuition, persons within the school age who are members 
of the family of any freeholder whose residence is not within 
such district, if any part of such freeholder's homestead is 
within such district; and the several boards shall make such 
assignment of the youth of their respective districts, to the 
schools established by them, as will, in their opinion, best 
promote the interests of education in their districts. [70 v. 
195. § 71.] 

Sec. 4014. No pupil shall be suspended from school 
by a superintendent or teacher except for such time as may 
be necessary to convene the board of education of the district 
or the directors of the sub district, and no pupil shall be ex- 
pelled except by a vote of two-thirds of such board or direct- 
ors, and not until the parent or guardian of the ofiPending 
■pupil has been notified of the proposed expulsion, and per- 
mitted to be heard against the same; and no scholar shall 
be suspended or expelled from any school beyond the cur- 
rent term thereof. [70 v. 195, § 71.] 

Sec. 4015. Teachers employed in' the common schools 
may dismiss their schools, without forfeiture of pay, on New 
Year's day, the Fourth of July, and Christmas, and on any 



SUSPESSIOX A^S'D EXPULSION. 

Sec. 4014, This right of suspension or expulsion is one which needs to 
be carefully guarded. 

The true motto is to bring in, not to drive out; but there are cases 
where, to protect the rights of the many, it is necessary to expel a pupil. 

We would not hesitate to exclude from the schools a pupil aftected 
with a contagious disease. Gross immorality is both contagious aud in- 
fectious. 

The father of a child entitled to the benetits of the public school of the 
sub-district of his residence, may maintain aa action against the teacher 
of the school and the directors of the sub-district, for damages for wrong- 
fully expelling the child from school. Eoe v. Deming, et al., 21 0. S., 
e66. 



OHIO SCHOOL LAWS. 



69 



Schools, and Attendance Enforced. 



Ch. 9. 



day set apart by proclamation of the president of the United 
States, or the governor of Ohio, as a day of fast or thanks- 
giving. [70 V. 195, § '116,] 

Sec. 4016. The school year shall begin on the first day school year, 

month, and 

of September of each year, and close on the thirty- first day '^^'^^■ 
of August of the succeeding year ; and a school week shall 
consist of five days, and a school month of four school weeks. 
[70v. 215, §70; 72 v. 181, § 6.] 
Sec. 401 7- The board of education of each district shall Board tocou- 

trol schools and 

have the management and control of the public schools of appo"'* oifficers. 
the district, with full power, subject to the provisions of the 

DISMISSAL OP TEACHER. 

Sec. 4017. The dissatisfaction of scholars and parents is no cause for 
the dismissal of a teacher. [28 Vermont, 575.] 



CORPORAL PUNISHMENT. 

Qnestioiis are so often asked concerning the right of a teacher to inflict 
corporal punishment, that the quotation of a few authorities seems in 
place, though there is not room for a full discussion of the topic. 

Eathaivay v. Bice, 19 Vt. 108. "The right of a school master to cor- 
rect his scholars his always been practically and judicially sanctioned, 
but the chastisement must not exceed the limits of moderate correction ; 
and though courts are bound, with a view to the maintenance of neces- 
sary order and decorum in schools, toJcok with all reasonable indulgence 
upon the exercise of this right, yet, whenever the correction shall appear 
to have been clearly excessive and cruel, it must be adjudged illegal." 

Coopei- V. McJunkin, 4 lod. 290. " A teacher, in the exercise of the 
power of corporal punishment, must not make such power a pretest for 
cruelty and oppression ; but the cause must be sufficient, the instrument 
suitable, and the manner and extent of the correction, the part of the 
person to which it is applied, and the temper in which it is inflicted, 
should be distinguished with the kindness, prudence, and propriety 
which become the station." 

"Beeves' Domestic Belations," }y&^e 534, "The school-master has a 
right to give moderate corporal correction to his pupils for disobedience 
to his lawful commands, negligence, or for insolent conduct. A school- 
master, in bis own right, and not by delegation, possesses this power." 

State V. Pendergrass, 2 Devereaux ^ Battles, 365. "The law confides 
to school-masreift and teachers a discretionary power in the infliction of 
corporal punishment upon their pupils, and will not hold them responsi- 
ble criminally, unless the punishment be such as to occasion permanent 
injury to the child, or be inflicted merely to gratify their own evil pas- 
sions." Iq passing this topic, the language of Judge Gaston seems 
peculiarly appropriate. " it is not easy to state with precision, the power 
which the law grants to school-masters and teachers, with respect to the 
correction of their pupils. It is analogous to that which belongs to par- 
ents, and the authority of the teacher is regarded as a delegation of par- 
ental authority. One of the most sacred duties of parents is to raise up 



70 OHIO SCHOOL LIWS. 



Ch. 9. Schools, and Attendance Enforced. 

next section, to appoint a superintendent and assistant 
superintendents of the scboois, a superintendent of build- 
ings, and teachers, janitors, and other employes, and. fix 

and qualify tlieir cbiidrea for becoming useful and virtuous members of 
society ; this duty cannot be effectually performed without the ability 
to command obedieLce, to control stubbornness, to quicken diligence, 
and to reform bad habits ; and to enable him to exercise their salutary 
sway, he is armed with the power to administer moderate correction, 
when he shall believe it to be just and necessary." 

32 Vermont, 114. First. Though a school-master has, in general, no 
-right to punish a pupil for misconduct committed after the dismissal of 
school for the day and the return of the pupil to his home, yet he may, on 
the pupil's return to school, punish him for any misbehavior, though 
committed out of school, which has a direct or immediate tendency to in- 
jure the school and to subvert the master's authority. 

Second. A school-master is not relieved from liability in damages for 

* the punishment of a scholar which is clearly excessive and unnecessary, 

by the fact that he acted in good faith and without malice, honestly 

thinking that the puuishmeat was necessary, both for the discipline of the 

school and the welfare of the scholar. 

If there is any reasonable doubt whether the punishment was excessive, 
the teacher should have the henetit of the doubt. Lander vs. Seavei-, :!2 Vt. 
R., 123 ; Wharton's A7)ie7-ican Crim. Law. .1259 ; and 1 Sanders on Pi and E-v., 
144.) 

Whether under the facts the punishment is excessive, must be left to 
the jury to decide. {Commomvealih, of Mass. vs. Bandall, 4 Gray, 38.) 

In the case of Martin Quinn vs. Mary D. Nolan, a suit tried in the 
Superior Court of Cincinnati, Judge Harmon, in charging the jury, used 
the following language : 

If the jury should hnd the defendant did not, in view of all the circum- 
stances, inflict a greater degree of punishment upon the plantift's son 
than she was fairly entitled to do, and was proper, of course they must 
find for defendant. But, if they should find she did go beyond that, then 
it would be necessary to go farther and inquire into the damages that 
should be allowed. The law holds a person responsible only for the 
natural and ordinary consequences of his acts, those consequences which 
the law presumes he might or should have foreseen at the time he committed 
the act. Therefore it might make a diti'erence in the amount of their 
finding if it should appear that the child was afflicted with or predis- 
posed to certain diseases, and the defendant had no notice thereof from 
his parents, the boy himseil, his appearance, or otherwise. If the de- 
fendant, trom the knowledge she had of the boy and from his appearance, 
would be justified in supposing him to be like other boys of his age, and 
inflicted only a proper punishment, then she would not be liable at all, 
even though unf rtunately some bidden defect in the boy's constitution 
should cause injury to his health to follow. Or if they should find for the 
plantift this fact of ignorance on her part would prevent her from being 
liable for any consequence arising from such weakness or predisposition 
in the boy, of which she was ignorant in fact, and of which his appear- 
ance furnished no warning. It is the duty of parents who send their 
children to school, whose health or dispositiion would render the punish- 
ment permitted by the rules of the school dangerous or improper, to see 
the teacher is informed of the fact. 

Boards of education are authorized to adopt and enforce necessary rules 
and regulations for th- government of schools under their management 
and control. Seivell v. Board of Education. [29 v. 89 ] 

When instruction in rhetoric is given in any grade or department of a 
school, and one of the rules adopted by the board for the government of the 
pupils therein provided that if any pupil should fail to be prepared with a 



OHIO SCHOOL LAWS. 71 



Schools, and Attendance Enforced. Ch. 9. 

their salaries or pay, which salaries or pay shall not be either 
increased or diminished during the term for which the 
appointment is made ; but no person shall be appointed for 
a longer time than that for which a member of the board is 
elected; and such board may dismiss any appointee for in- 
efficiency, neglect of duty, immorality, or improper conduct. ' 
[70 V. 195, § 53.] 

Sec. 4018. In township districts the directors shall _ 

^ Directors, to 

employ and for sufficient cause dismiss, the teachers of the ancfcUsrmss 

teachers. 

schools in their respective sub-districts, and shall fix their 
salaries or pay, which salaries or pay may be increased but 
not diminished in amount by the township board, and shall 
not exceed in the aggregate, in any year, for any sub-dis- 
trict, the amount of money to which the sub-district is 
entitled for the purpose of tuition for such year; if the' 
directors of any sub-district fail to employ a teacher for 
their school, the township board shall employ such teacher, 
and fix the salary to be paid; and the directors, at the end of 
any month, or at the end of the term, shall give to the teach- 
ers employed by them certificates of such employment, and 
of services rendered, addressed to the township cierk, who, 
upon presentation thereof, and compliance by such teachers 
with the provisions of section forty hundred and fifty one, 
shall draw orders on the township treasurer for the amounts 

rhetorical exercise, at the time appointed therefor, he or she should, un- 
less excused on account of eickuess, or other reasonable cause, be im- 
mediately expelled from such department : lield, that such rule was reason- 
able lb. 

Where the teacher of such department, with the consent of the board, 
for a failure to comply with the rule, or to offer any excuse therefor, sus- 
pended a pupil until he should comply with the rule, or offer a reasonable 
excuse for his non-compliance, neither rhe board of education nor the 
teacher is liable in damages therefor, Ih. 

Sec. 4018. The dismissal is "business" and must be transacted at a 
meeting, as set forth in section 3918, and the reasons therefor must be 
spread upon the minntes. They must be a "sufficient cause." 



72 



OHIO SCHOOL LAWS. 



Ch. 9. 



Scbools, and Attendance Enforced. 



Teacher dis- 
iQis>-ed for in- 
sufficient cause 
may institute 
suit. 



certified to be due, in favor of the parties entitled thereto, and 
the treasurer shall pay the same. [70 v. 195, § So."} 

Sec. 4019. If the directors of any sub-district dismiss 
any teacher for any frivolous or insufScient reason, such 
teacher may bring suit against such sub-district, and if, on 
the trial of the cause, a judgment be obtained against the 
sub-district, the directors thereof shall certify to the clerk 
of the board the sum so found due, who shall issue an order 
upon the township treasurer, to the person entitled thereto^ 
to pay the same out of any money in his hands belonging 



Sec. 4018. Under the act of May 1, 1873 (70 v. 195), the local directors 
of township sab-districts have no power to delegate the employment of 
teachers to any other person, nor to provide for their payment except as 
provided in section .53 of that act ; and a contract with a teacher that he 
shall employ an assistant, if one be necessary, is illegal and void {State 
T. TFUlimna, '28 O. S. Itil ; but where the local flireotors employed a teacher, 
and tixed his salary at $i'25 per month in case .he alone shotild be able to 
teach the school to their satistactiou, otherwise the teacher to employ and 
pay an assistant, and such teacher performed the service under his em- 
ployment, withoRt the aid of an assistant, to the satisfaction of the direct- 
ors, who certified to the township clerk the amount due to the teacher 
under the contract. Seld : That the township clerk can not justify his 
refusal to draw an order on the ti>wnship treasurer for the amount certi- 
fied, on the ground that the contract iiader which the service was per- 
formed was against public policy, and void State v. Williams. lb. 

A township board, supposing that local directors were neglecting their 
duties under the provisions of the act of March 14, 1853 (51 v. 429), em- 
ployed a teacher for a sub district, who, without being notified by the 
local directors to desisr, taught the school for three months, and received 
an order on the township treasurer for his wages. Held, that the treasurer 
could not rightfully withhold payment of the order upon the ground that 
the directors had not been neglectful of their duties, and that the exer- 
cise thereof by the board of education wp.s unwarranted by the facts of 
the case. Case v. Wresler, 4 O. S. -561. 

Under the act of March 14, 1853 (51 v. 4'29), where a township board 
entered an order that teachers should nou be employed at a greater com- 
pensation than twenty dollars per month, and the local directors em- 
ployed a teacher at thirty dollars per mobth, and certified the amount 
due" him for his services at that rate, to the township clerk, it became the 
duty of the township clerk to draw an order in conformity with such cer- 
titicate of the local directors. State v. Wilcox, 11 O. S., 3'26. 

Dismissal of Teacher.^-The directors may dismiss a teacher for sufficient 
cause, as incompetency, negligence, iaimorality. In case the teacher 
bring siiit, as he may, his certiiicate is only prima facie evidence of com- 
petency and character, and may be overbalanced by proof. 

Wages of Teacher. — If the sub-districi's share of the state fund, increased 
by the amount apportioned for tuition by the township board, is not suffi- 
cient to continue the school at least six months, the directors should ap- 
peal to the county commissioners. 

Payment — Upon making out a monthly report and presenting it to 
the clerk along with a certificate of service from the directors, and his 
certificate from the county examiners, or a copy thereof, a teacher may 
draw his salary monthly, (See sec. 4051.) 



OHIO SCHOOL LAWS. 73 



Scliools, and Attendance Enforced. Ch. 9. 

to such sub district, and applicable to the payment of teach- 
ers ; and in such suits process may be served on the clerk of 
the sub-district, and service upon him shall be sufficient. 
[76 V. 58, § 1.] 

Sec. 4020. Each board shall determine, at a regular Board to deter- 
mine studies 

meeting, by an affirmative vote of a majority of all its mem- ^""^ textbooks. 

bers, the studies to be pursued and the text-books to be used 

in the schools under its control, but no text-book shall be 

changed within three years after its adoption without the 

consent of three-fourths of all the members elected to the 

board, given at a regular meeting; and all branches shall be 

taught in the English language. [70 v. 195, § 52.] 

COURSE OP STUDY. 

Sec. 4020. The general course of study should be prescribed by the 
board of education, but the studies to be pursued and the lessons to be 
prepared by each pupil should be left to the teachers or superintendent. 
The right to lay down a course of study certainly carries with it the right 
to require pupils to pursue that course. Success requires classification 
and system. 

The constitution of the state does not enjoin or require religious in- 
struction, or the reading of religious books, in the public schools of the 

The legislature having placed the management of the public schools 
under the exclusive control of directors, trustees, and boards of educa- 
tion, the courts have no rightful authority to interfere by directing what 
instruction shall be given, or what books shall be read therein. lb. 211. 
state. Board of Education of Cincinnati v. Minor, et al., 23 O. S., 211. 

If it is not conceded, it must be conceded that the legislature has 
never passed any law enjoining or requiring religious instruction in the 
public schools, or giving the courts power in any manner, or to any ex- 
tent, to direct or determine the particular branches of learnicg to be 
taught therein, or to enforce instructions in any particular branch or 
branches. The extent of legislative action, either under the present con- 
stitution or under that of 1802, which contained a provision quite similar 
to the present, has been, to establish and maintain a general system of cotn- 
mon schools for the state, and to place their management and control 
exclusively in the hands of directors, trustees, or boards of education, 
other than ihe courts of the state. 

The laws establishing this system date back to 1825, and form an im- 
portant part of the legislation of the state. 

They have from time to time been changed, amended, repealed, and re- 
enacted. While these laws do refer to other branches of learning in the 
schools, they nowhere enjoin or speak of religious instruction therein. 
They speak of the ''morals" and "good conduct" of the pupils, and of 
the "moral character" of the teachers, but they nowhere reqnire the 
pnpil to be taught religion, or the pupil to be religious. Much lees do 
they require this to be done against the will of the people interested. 
(Per Welch, J. lb. 241.) ^ 

Every board of education should perform this plainly specified duty 



74 



OHIO SCHOOL LAWS. 



Ch. 9. 



Schools, and Attendance Enforced. 



"WTien German 
language to be 
taught, etc. 



Pupils may be 
sent from one 
district to an- 
other. 



Sec. 4021. The board of any district shall cause the 
German language to be taught in any school under its con- 
trol, during any school year, when a demand therefor is made, 
in writing, by seventj^-five freeholders resident of the dis- 
trict, representing not less than forty pupils who are entitled 
to attend such school, and who, in good faith, desire and in- 
tend to study the German and English languages together; 
but such demand shall be made at a regular meeting of the 
board, and prior to the beginning of such .^chool year ; and 
any board may cause the German or other language to be 
taught in any school under its control, without such demand. 
[70 V. 195, § 52.] 

Sec. 4022. The board of any district may contract with 
the board of any other district for the admission of pupils 
into any school in such ether district, on such terms as may 



of seleetiDg a course of study and the text-books to be used, and of 
enforcing their -will in this regard. 

The state, since it generously contributes toward the support of the 
schools of a district, has the right to insist that the officers who represent 
the district shall do what the law requires of them. 

These acts may be regarded as conditions precedent to the payment of 
the district's share of the state funds. 

The state, as one of the prime factors in the common school system, is 
interested in the best resnlts possible from every teacher in the service. 

These results can nob be obtained from schools tramaieled with a mul- 
tiplicitv of text-books and without proper classificatiou. 

Sec. 4021. The law plainly contemplates English schools, though it 
allows the teaching of other languages as such, and upon the perform- 
ance of certain named conditions requires the board to have the German 
language taught. 

While it is natural that persons of foreign birth should desire their 
children to learn the tongue of the mother land, it is wise polic^ for the 
state to provide that all children in the public schools shall learn the 
language of this country. 

Sec. 40"22. Children admitted to school privileges in districts other 
than those in which their parents or guardians reside, gain no rights but 
those granted in the contract under which they are admitted; they should 
be enumerated in the district or sub-district in which they have a legal 
residence, and their share of the state fund belongs that district ; of course 
their parents do not become electors in the district to which they are 
admitted. 

Tuitioti of nan-resident pupils. — Money received for the tuition of non- 
resident pupils in any district, must be paid to the treasurer, to be 
placed to the credit of the district, and disbursed on the order of the board 
of education. 

Directors and members of boards of education can not receive and dis- 
burse such tuition money, neither can they authorize teachers or superin- 
tendents to receive and disburse it. 



OHIO SCHOOL LAWS. 75 



Schools, and Attendance Enforced. Ch. 9. 

be agreed upon by such boards ; and the expense so incurred 
shall be paid out of the school funds of the district sending 
such pupils. [73 v. 243, § 64.] 

ATTENDANCE ENFORCE!). 

Sec. 4023. Every parent, guardian, or other person children must 

attend school. 

having charge or control of any child between the ages of 
eight and fourteen years, shall be required to send such child 
to a common school for at least twelve weeks in each school 
year, at least six weeks of which shall be consecutive, unless 
the board of- education, or the board of directors, as the case 
may be, having control of the school district or sub-district 
in which such parent or guardian resides, excuse such child 
from attendance, when it appears to the satisfaction of such 
board that the child's bodily or mental condition is such as 
to prevent its attendance at school, or application to study, 
for the time required, or that its time and labor are essen- 
tially necessary for the support of an indigent parent, 
brother, or sister, or that it is being otherwise furnished with 
the means of education for a like period of time, or has 
already acquired branches of learning ordinarily taught in 
common schools ; but if the common school of the district or 
sub-district in which such parent or guardian resides is dis- 
tant two miles from his residence by the nearest traveled 
road, he shall not be liable to the provisions of this section, 
and the subsequent sections of this chapter. [74 v. 57, § 1.] 

Sec 4024. No manufacturer, owner of mills or mines, unlawful to 

employ children 

agent, overseer, contractor, landlord, or other person, shall ^tLdedschooi. 
employ any child under fourteen years of age during the 
established school hours of the locality, who has resided in 
this state during the school year next preceding the com- 
mencement of such employment, and is under the control of 
a parent or guardian, and is not dependent upon its own re- 



76 



OHIO SCHOOL LAWS. 



Ch. 9. 



Schools, and Atteadance Enforced. 



Boards to asci^r- 
tain condition 
of children not 
at school. 



sources for support, unless such child has attended some com- 
mon or private school for the term of at least twelve weeks 
during the school year next preceding the commencement of 
such employment, and delivers to its employer a certificate 
of that fact from the clerk of a board of education, or the 
clerk of a board of directors, or the teacher of the school 
which it attended; nor shall such employment continue for 
a longer period than forty weeks during any school year 
from the time this act takes effect, unless such child deliver 
to such employer a certificate of excuse from the proper 
authority, for any of the reasons mentioned in the preceding 
section. [74 v. 57, § 2.J 

Sec. 4025. Each board of education shall ascertain, on 
the second Monday of February and the second Monday of 
Septembei*, or within fifteen days thereafter, each year, in 
such manner as it may deem most expedient, the condition 
of all children under fourteen years of age within its juris- 
diction employed at any daily labor, or who are not in at- 
tendance at any common or private school, and shall report 
all violations of this chapter to its clerk, who shall at once 
proceed to prosecute each and every such offense. [74 v. 57, 
§3.] 

Sec. 4026. If it be shown to the satisfaction of the 
board of education that the parent or guardian has not the 
means wherewith to purchase for his child or children the 
necessary school-books to enable him to comply with the re- 
quirements of this chapter, the, board may furnish the same, 
free of charge, to be paid for out of the contingent fund at 
the disposal of the board. [74 v. 57, § 4. 

Sec. 402 7. A parent, guardian, or other person, who 
fails to comply with the provisions of this chapter, shall be 
liable to a fine of not less than two nor more than five dol- 



When board 
may supply 
pupil "nith" 
books. 



Penalties 

against viola- 
tion of preced- 
ing provisions. 



OHIO SCHOOL LAWS. 77 



Schools, and Attendance Enforced. Ch. 9. 

lars for the first offense, nor less than five nor more than ten 
idoilars for each subsequent offense ; such fine shall be col- 
lected by the clerk of the' board of education, in the name of 
the state, in an action before any court having competent 
jurisdiction ; and the money so collected by each clerk shall 
be paid to the county treasurer, and be applied to the use of 
the common schools of his district. [74 v. 57, § 5.] 

Sec. 4028. The clerk of the board of education shall cierksmust 

prosecute. 

prosecute every offense against the provisions of this 
chapter, when a member of the board of education, or any 
tax-payer, of the district in which the offending party re- 
sides, files with him an affidavit setting forth the facts which 
constitute the offense; and if he neglect to do so within 
fifteen days after such affidavit is filed, he shall be liable to 
a fine of not less than ten nor more than twenty dollars for 
each case of such neglect, to be collected in the name of the 
state, in an action before any court of competent jurisdiction, 
by any person feeling aggrieved thereby. [74 v. 57, § 6.] 

Sec. 4029. Two weeks' attendance at half-time or night what is equiva 

lent to attend- 

school, shall be considered, within the meaning of this chap- auceonday 

' ' o i school. 

ter, equivalent to an attendance of one week at a day school. 
[74 V. 57, § 7.] 

COMPULSORY ATTENDANCE. 

It is much to be desired that boards of education will accept the aid 
proffered them in these sections, and aim to secure the iullest possible 
attendance upon school of the children of school age. 

Our people are Falstaffian enough to be uowilliug to do things "on 
compulsion," yet they have yielded some points — paying taxes for in- 
stance — and it is very probable that the provisions of this chapter, wisely 
carried out, would send to school mauy little boys and girls now allowed 
to run the streets and alleys, and by making attainments in lawlessness, 
thus to fit themselves for efficient service as enemies of society. 

Can not our boards send into each ward of their cities a missionary 
committee with this law in one hand, and the gospel of love and pa- 
triotism and Christianity in the other, extending the latter first ? 



78 



OHIO SCHOOL LAWS. 



Ch. 10. 



Enumeration, Treasurer, and Clerk. 



CHAPTER 10. 
ENUMERATION, TREASURER, AND CLERK. 



Yearly enumer- 
ation of yonth 
to be tak"en. 



Section 

4030. Yearly enumeration of youth to be 

taken. 

4031. Qualification and pay of those tak- 

ing the same. 

4032. Clerk, except in township districts, 

to employ persons to take it. 

Clerk cf board ot directors to take 
it in sub-districts. 

Enumeration in joint 8ub-di.stricts. 

Clerk to transmit abstract to county 
auditor. 

When the clerk f.tUs, auditor to act. 

When couuty line divides original 
surveyed township. 

When enumeration not taken, dis- 
trict not entitled to schools funds. 

Auditor to furnish abstract to state 
commissioner. 

Duty of state commissioner when 
enumeration excessive, etc. 

Penalty for making fraudulent re- 
turns. 

Who to be treasurer of school funds. 

Bond of treasurer, and duties of 
board in reference thereto. 



4033. 



4034. 
4035. 



4036., 
4037. 



4038. 



4039. 



4040. 



4041. 



4042. 
4043. 



Section 

4044. Annual settlement by treasurer 
with county auditor. 

Penalty for failure to make such 
settlement. 

Treasurer to report balances to 
board. 

When treasurer may receive or pay 
money. 
4048. Maximum amount of funds which 
treasurer may hold. 

Treasurer to deliver money, etc., to 
successor. 

Bond of clerk. 

When orders of clerk for teachers' 
pay illegal. 

Duties of clerk as to statistics, etc. 

Publication of receipts and disburse- 
ments by clerk. 

Clerk to deliver books, etc., to suc- 
cessor. 

4055. . How treasurer and clerk to keep ac- 

counts. 

4056. Compensation of treasurer and 

clerk. 



4045. 



4046. 



4047. 



4049. 



4050, 
4051 



4052. 
4053. 



4054. 



ENUMERATION. 

Sec 4030. There shall be taken in each district, annu- 
ally, between the first Monday in September and first Mon- 
day in October, an enumeration of all unmarried youth, 
noting race and sex, between six and twenty-one years of 
age, resident within the district, and not temporarily there, 
designating also the number between sixteen and twenty- 



ENUMKKATION. 

fcjEC. 4030. The annual enumeration should include all unmarried youth 
between the ages ol six aua twenty-one years, who at the time of taking 
such enumeiacioD, actually dwell or have their home in the district, whether 
such youth coubtiiute a part of the family of their parents or guardians, 
or are, in good laith and lor a continuance of time, Hired to lauor or ser- 
vice ill a family actually residing m such district. The fact that a youth 
is living in a resident family not temporarily, but is treated, and regarded 
OS a part of nuchjamilii, maJies such youth a resident. 

It, nowever, a youtu is slaying temporarily m a district as a boarder or 
visitor, or is a member of a family temporarily in the district and whose 



OHIO SCHOOL LAWS. 79 



Enumeration, Treasurer, and Clerk. Ch. 10. 

one years of age, the number residing in the Western Re- 
serve, the Virginia Military District, the United States Mili- 
tary District, and in any original surveyed township or frac- 
tional township to which belongs section sixteen, or other 
land in lieu thereof, or any other lands for the use of public 
schools, or any interest in the proceeds of such lands. [71 
V. ]5,§77.] 

Sec. 4031. Each person required or employed under QuaMoatioii 

and pay of those 

this chapter to take such enumeration shall take an oath or 8ame5*^ 
affirmation to take the same accurately and truly, to the best 
of his skill and ability; when making return thereof to the 
proper officers he shall accompany the same by his affida- 
vit, duly certified, that he has taken and returned the enu- 
meration accurately and truly, to the best of his knowledge 
and belief; the officer to whom such return is required to be 
made may administer such oath or affirmation, and take and 
certify such affidavit; and each person so taking and return- 
ing the enumeration shall be allowed, by the proper board of 
education, reasonable compensation for his services, which, 
in sub- districts, shall not exceed two dollars for each person 
authorized, required, or appointed to perform the service. 
[71 V. 15, § 77.] 

Sec. 4032. The clerk of the board of education of each cierk, except in 

township dis- 

flistrict, other than township districts, shall employ a suffi- pYoy^OTsras to 



actual residence is in another district, such youth can not be legally enu- 
merated. But the temporary residence of a family in a district, if such 
family have at the time no other residence, does not exclude the children 
actually living in ana belonging to such family from the enumeration. 

A youth can be legally enumerated in but one district, and that is the 
district in which he actually resides. 

All children that may be legally included in the annual enumeration of 
any school district, are entitled to attend the school in such district. 

Sec. 4031. It will be observed that each person taking the enumeration 
must be sworn to take it accurately, and must also accompany the return 
by his affidavit that he has so taken it. 

Pay for taking Enumeration. — The clerk of the sub-district is entitled to pay 
for taking and returning the enumeration, but such pay must not exceed 
two dollars. 



take it. 



80 



OHIO SCHOOL LAWS. 



Ch. 10. 



Enameration, Treasurer, and Clerk. 



Clerk of board 
of directors to 
take it in sub- 
diatricts. 



Enumeration in 
joint sub-dis- 
tricts. 



cient number of competent persons to take and return to 
him the enumeration of his district, in the manner pre- 
scribed in this chapter. [70 v. 195, § 78.] 

Sec. 403 3, The director who is clerk in each sub-district 
shall take, or cause to be taken, annually, according to the 
provisions of this chapter, between the first and the third 
Monday in September, an enumeration of youth resident 
within his sub-district, and return a certified copy thereof 
to the clerk of the township board of education; if any such 
director fail to perform such duty, the clerk of the township 
board shall 'employ a competent person to take and return 
the enumeration, give him an order on the treasurer of the 
board for his compensation, payable from the contingent 
fund, and proceed to recover the amount so paid, in a civil 
action, before any court having jurisdiction of the matter, 
in the name of the state, against such director; and the 
money so collected shall be paid to the treasurer of the board, 
and credited to the contingent fund ; but in a township dis- - 
trict which is not divided into sub-districts, the president of 
the board shall take and return the enumeration, or cause 
the same to be done. [70 v. 195, § 33.] 

Sec. 4034. The enameration of a joint sub-district shall 
be taken by the clerk of the board of directors, who shall trans- 
mit a certified copy thereof to the clerk of the board of edu- • 
cation of the district in which the school house of the sub- 
district is situate, and designate therein the number of youth 
residing in the respective fractions of townships of which 
the sub-district is composed ; and if such sub-district is com- 
posed of parts of two or more counties, the clerk to whom 
the return is made shall transmit a certified copy thereof to 
the auditor of each county having territory within the sub- 
district. [70 V. 195, § 34 ; 71 v. 15, § 77 ; 72 v. 63, § 36.] 



OHIO SCHOOL LAWS. 81 



Enumeration, Treasurer, and Clerk. Ch. 10. 

Sec. 4035. The clerk of each board shall, annually, on ^SstS'to 
or before the second Monday of October, make, and transmit 
to the count}' auditor, an abstract of the enumeration by this 
chapter required to be returned to him, according to the form 
prescribed by the commissioner of common schools, with 
^n oath or affirmation indorsed thereon that it is a correct 
Abstract of the returns made to him under oath or affirma- 
tion ; and the oath or affirmation of the clerk maybe admin- 
istered and certified by any member of the board of educa- 
tion, or by the county auditor. [70 v. 195, § 79 ] 

Sec. 4036. If the clerk of any district fail to transmit S^auKlf 

act. 

such abstract of enumeration on or before the second Monday 
of October, the auditor shall at once demand the same from 
such clerk ; and in case the enumeration has not been taken 
as required by this chapter, or the abstract required be n3t 
furnished without delay, the auditor shall employ competent 
persons to take such enumeration, who shall be subject to 
the legal requirements already specified, except that the re- 
turns shall be made directly to the auditor, who may admin- 
ister to each person employed the oath or affirmation re- 
•quired; and the auditor shall allow the persons employed 
by him a reasonable compensation, to be paid out of the gen- 
eral county fund, and shall proceed to recover the amounts 
so paid, in a civil action, before any court having competent 
jurisdiction, in the name of the state, against such clerk, 
on his bond, and the amount so collected shall be paid into 
the general county fund. [70 v. 195, § 80.] 

Sec. 4037. If parts of an original surveyed township or when county 

line di vide* 

fractional township are situate in two counties, the auditor "J^ to^- 
of the county in which the smallest part is situate shall, so 
soon as the abstracts of enumeration are received by him 
from the clerks of the boards of education, certify to the 
6 



82 



OHIO SCHOOL LAWS. 



Ch. 10. 



Enumeration, Treasurer, and Clerk. 



auditor of the county in which the largest part is situate the 
enumeration of youth residing in the part of the township 
situate in his county ; if parts of such township or fractional 
township are situate in more than two counties, like certifi- 
cates of enumeration shall be transmitted to the auditor of 
the county containing the greatest relative portion of such 
township, by the auditors of the other counties containing 
portions thereof; when it is uncertain which county con- 
tains the greatest relative portion of such township, such 
certificates shall be transmitted to the auditor of the oldest 
county, by the other auditor or auditors ; and if the land 
granted by congress to such township or fractional township 
for the support of public schools has been sold, the auditor 
to whom such certificates are transmitted shall notify the 
auditor of state, without dela}", that such enumeration has 
been certified to him. [70 v. 195, S§ 121, 130 ] 
When emimera- Sec. 4038- If an enumeration of the youth of a district 

tkmnot taken, 

district not en- jgg j^qi taken and returned in anv year, such district shall 

titled to scliool " *' ' 

not be entitled to receive any portion of the school funds dis- 
tributable in that year on the basis of enumeration ; and if 
such loss to a district occur through the failure of the clerk 
of the board of education of the district to perform the duty 
required of him by either section forty hundred and thirty-two, 
or forty hundred and thirty-five, he shall be liable to the district 
for the loss, which may be recovered in an action in the 
name of the state ; and the money so recovered shall be paid 
into the county treasury, and apportioned in the same man- 
ner as the school funds so lost would have been apportioned. 
[70 V. 19'), §§ 120, 124.] 

Sec. 4039- The auditor of each county shall make, and 

Auditor to fnr- 

futeMSmfs-^** transmit to the state commissioner of common schools, on 

£k>ner. 

or before the fifth day of November in each year^ on blanks 



OHIO SCHOOL LAWS. 83 



Enumeration, Treasurer, and Clerk. Ch. 10. 

to be furnished by the commissioner, an abstract of the 
enumeration returns made to him, duly certified. [70 v. 
195, § 81.] 
Sec. 4040. When the state commissioner of common Duty of state 

commissioner 

schools, on examination of the enumeration returns of any Son e^°s^ve* 
district, is of opinion that the enumeration is excessive in 
number, or in any other way incorrect, he may require the 
same to be retaken and returned, and if he think it necessary 
he may for this purpose appoint persons to perform the ser- 
vice, who shall take the same oath, perform the same duties, 
and receive the hame compensation, out of the same funds, 
as the person or persons who took the enumeration in the 
first instance, and the school fund distributable in propor- 
tion to enumeration shall be distributed upon the corrected 
returns. [70 v. 195, § 75.] 
Sec. 4041. An officer through whose hands the enum- Penalty for 

making frauds* 

eration required by this chapter to be returned passes, i^^t returns, 
who, by percentage or otherwise, adds to or takes from the 
number actually enumerated, shall be deemed guilty of a 
misdemeanor, and, upon conviction of such offense, shall be 
fined in any sum not less than five nor more than one thou- 
sand dollars, or imprisoned in the county jail not less than 
ten nor more than thirty days, at the discretion of the court. 
[70 V. 195, § 75.] 

TREASURER AND CLERK; 

Sec. 4042. In each city district the treasurer of the city wtotobe 

treasurer of 

funds shall be ex- officio treasurer of the school funds; but if sciw>oifnn^! 

Sec. 4041. Great care should be taken in the performance of this 
duty of taking and returning the enumeration, forming the basis, as it 
does, for the distribution of large sums of money. 

CITIES OF THE SECOND CLASS WHEN COUNTY SEATS. 

Skc. 4042. In a city district having no city treasurer other than the 
eounty treasurer, the board of education is authorized to elect a treasurer 



84 



OHIO SCHOOL LAWS. 



Ch. 10, 



Enumeration, Treasurer, and Clerk. 



Treasui'er to 
give bond, and 
p roduoe funds 
be counted 
nd examined. 



the count}'- treasurer is treasurer of the city funds, the board 
of education may appoint one of its members treasurer, who 
shall not receive any compensation for his services ; in each 
township district the treasurer of the township funds shall 
be ex-officio treasurer of the school funds ; and in each vil- 
lage and special district the board of education shall choose 
its c-wn treasurer. [70 v. 241, § 44.] 

Sec. 4043. Each school district treasurer, or county 
treasurer who is es-officio treasurer of a school district, shall, 
before entering upon the duties of his office, execute a bond, 



from its own number. If the board does not so elect, the county treasurer 
is required to disburse the school funds. 

(FroBi Revised Statutes, taking effect January, 1880) ; 

Sec. 5841. A surety of the treasurer of school fuDOs, in any school dis- 
trict organized under the provisions of law, may at any time notify the 
board of education of the proper district, by giving at least five days' 
notice in writing, that he is unwilling to '^ontiune as surety for such 
treas'irer, and ^ill, at a time therein named, make application to the 
board of ednc^ition to be released from further liability upon his bond ; 
and he shall also give at least three days' notice in writing to such treas- 
urer, of tiie time and place at which the application will be made, [70 
V. 195, ^v 48.] 

Sec. 5842. The board of education, upon such notice being given, shall 
hear tlie appiication. and if, in their opinion there is good reason therefor, 
shall require the treasurer to give a new bond, conditioned according to 
law, and to the satisfaction of the board, within such time as they may 
direct ; and if the treasurer fail to execuie such bond, the office shall be 
deem< d vacant, and shall be immediately filled as other vacan les there- 
in; but snch origiLial sureties shall not be released or discharged until the 
filing of the new bond, or the expiration of the time allowed therefor: 
and the cost of such application shall be paid by the person making the 
same. [70 v. 195, ^ 48.] 

In an action against a surety on a township treasurer's school bond, 
conditioned for the faithful disbursement of school moneys, a judgment 
for the defendant will not be reversed, when the pleadings and evidence 
show a default by the treasurer only as to "township funds" in general 
items, without specifying that any part thereof was school money. The 
State V. Corey, 16 0. S. 17. 

Township trustees have no authority to release a treasurer from his lia- 
bility for any portion of the school fund belonging to the township. Stat^e 
V. Williams, 13 0. 495. 

Sec. 4043. Every officer, on receiving an official bond which by law 
is required to be filed or deposited with him, shall immediately, on re- 
ceiving such bond, record the same in a book to be kept by him for that 
purpose ; and a certified transcript of the record of any such bond shall 
be taken and held, in all courts and places, as conclusive evidence of such 
record and prima facie evidence of the execution and existence of saoh 

bond. '[41 V. 13, § 1-] 

Treasurer's Bond. — And this whether the treasurer is elected by the 
board or is serving ex-officio. He must give bond as treasurer of the school 
funds, though he may have already filed a bond as township, city, or 
county treasurer. 

Part First, Title 1, Chapter 1, Sec. 5, Revised Statutes. 

In no ca«e should the clerk neglect to send to the county auditor this 



OHIO SCHOOL LAWS. 86 



Enumeration, Treasurer, and Clerk. Ch, 10. 



with sufficient surety, in double the probable amount of 
school funds that may come into his hands, payable to the 
state of Ohio, to be approved by the board of education, con- 
ditioned for the faithful disbursement, according to law, of 
all such funds which come into his hands; such bond, when 
so executed and approved, shall be filed with the clerk of the 
board of education of the district, who shall cause a certified 
copy thereof to be filed with the county auditor without de- 
lay; and such board, at the time of the approval of such 
bond, shall require the treasurer of the school funds to pro- 
duce all money, bonds or other securities in his hands as such 
treasurer, and the same shall be then counted by the board, 
or a committee thereof, in the presence of the clerk of the 
board, who shall thereupon enter upon the records of the 
board a certificate, setting forth the exact amount of money 
or securities so found in the hands of such treasurer, which 
record shall be signed by the president and clerk of the board, 
and shall be prima facie evidence that the amount therein 
stated was actually in the treasury at that date. [70 v. 195, 
§§ 46, 82 ; 76 v. 16, § 1.] 
Sec. 4044. The treasurer shall, annually, between the Animal settle. 

ment by treas - 

first and the tenth day of September, settle with the county ^y^au^tor ^^^^ " 
auditor for the preceding school year, and for that purpose 
shall present a certified statement showing the amount of 
money received, from whom, and on what account, and the 



certified copy of the treasurer's bond, as the auditor is forbidden to give 
a treasurer an order on the county treasurer for a sum which at any time 
will make the amount in such treasurer's hands over one-half of the pen- 
alty in his bond. 

Sec. 4044. If it is evident to the county auditor that the school moneys 
have been illegally paid out, as they would be if paid to any member of 
a board of education on any contract with such board, or as an employ^ 
thereof, it is his duty to refuse the treasurer credit for the same. If 
moneys have been paid from the wrong fund, as from the school fund, 
when the law says it must be township fund, the auditor must not allow 
credit to such orders He should insist on their correction by the board, 
or correct them himself by proper debit and credit. 



86 



OHIO SCHOOL LAWS. 



Ch. 10. 



Enumeration, Treasurer, and Clerk, 



Feaalty for 
Siilure to make 
3uoh settle- 
aient. 



Treasurer to re- 
port balances 
to board. 



When treasurer 
may receive 
or pay money. 



amount paid out, and for what purposes ; he shall produce 
vouchers for all payments made ; and if the auditor, on ex- 
amination, fijid the statement and vouchers to be correct, he 
shall give the treasurer a certificate of that fact, which shall, 
prima facie, be a discharge of the treasurer for the money paid ; 
and for making such settlement he shall be entitled to receive 
the sum of one dollar, and also five cents per mile for travel- 
ing to and from the county seat, to be paid out of the county 
treasury, on the order of the county a,uditor. [71 v. 9, § 47.] 

Sec. 4045. If the treasurer of anj- school district will- 
fully or negligently fail to make such annual settlement with- 
in the time prescribed in the preceding section, he shall be 
liable to pay a fine of fifty dollars, to be recovered in a civil 
action in the name of the state ; which amount, when col- 
lected, shall be paid into the county treasury, and shall be 
applied to the use of common schools in his district ; and the 
county auditor shall proceed forthwith, in case of such failure, 
to recover the penalty, by suit against such treasurer, before 
any justice of the peace of the county. [71 v. 9, § 47.] 

Sec. 4046- The treasurer shall report to the board of 
education, within ten days after his settlement with the coun- 
ty auditor, the amount of money in his hands for school pur- 
poses, and the amount belonging to each fund. [70 v. 195, 
§46] 

Sec 4047- No treasurer of a school district, except in 
cases otherwise provided for in this title, shall pay out any 
school money except on an order signed by the president and 



Sec. 4047. The case "othervvise provided for'' is the payment of 
teachers in the sub-districts on the order of the directors, section 4018. 

(From revised statutes taking effect January, 1880) : 

Sec. 6846. Emiezzlement by municipal and scJiool officers. — A member of 
the council or board of aldermen of any municipal corporation, or an 
officer, agent, clerk, or servant of such corporation, or of any board or 
department thereof, or an officer, agent, clerk, or servant of any board 
of education, who, knowingly, diverts, appropriates, or applies any funds, 



OHIO SCHOOL LAWS. 



87 



Enumeration, Treasurer, and Clerk. 



Ch. 10. 



countersigned by the clerk of the board of education ; and 
no money shall be paid to the treasurer of a district, other 
than that received from the county treasurer, except upon 
the order of the clerk of the board, who shall report the 
amount of such miscellaneous receipts to the county auditor 
■each year, immediately preceding such treasurer's settlement 
with the auditor. [71 v. 15, § 83.J 

Sec. 4048. The auditor shall in no case permit the ^^ ^^.^ ^^, 
treasurer of a school district to have in his hands, at any funds which 

- treasurer may 

time, an amount of school funds over one half the amount ^^^^' 
of the penalty in the bond of the treasurer ; and before 
giving such treasurer any order for school funds, he shall re- 



or a part of any fund, raised under any law, by taxation or otherwise, to 
any other use or purpose than that for which it was raised or appro- 
priated, or who, knowinfrly, diverts, appropriates, or applies, any money 
borrowed, or any bond of the corporation, or any part of the proceeds of 
such bond, to any other use or purpose thaTi that for which such loan 
was made, or bond issued, shall be deemed guilty of embezzling the 
amount so diverted, appropiia^.ed, or applied, and punished accordingly. 
£66 V. 26 ^ ^ 671 ; 73 v. 116, ^S 1.] 

Sec. 6847. Selling jmblic property tvith intent io defraud. — Whoever, be- 
ing intrusted with the care, cnstody, or control, of any property of the 
state, or of any county, township, or municipal corporation, sells or disposes 
of the same, for his ov/u use, with intent ro defraud, is guilty of emi-.zzle- 
ment, and shall be punished accordingly. [6LI v. 19>, ^2.] 

Sec. 6975. Alembers of boards of education — A member of a bn.ird of 
education, organized under any law of this state, who accepts or iiHicives 
any compensation for his services as such member, except as cl -rk, or 
treasurer of such board, shall be deemed guilty of embezzlement of the 
amount so received, aud punished accordingly. [70 v. 214, § 67 ] 

Sec. 7299, Any tailure or refusal to pay over, or to produce, iIh; pub- 
lic money, or any part thereof, by an oflicer or other person char (-d with 
the collection, receipt, transfer, disbursement, or safe keeping of i lie pub- 
lic money, or any part thereof, whether belonging to the state, ov to any 
<x)anty, township, municipal corporation, or board of education in this 
state, or any other public money whatever, or to accountto, or to make set- 
tlement with, any proper and legal authority, of the ofBcial accountsof such 
oflicer or person, i-hall be held and taken as prima, facie evidence of the 
embezzlemen} thereof, and upon the trial of any snch 'officer or person for 
the embezzlement of public money under section 6841, it shall be sufficient 
evidence, for the purpose of showing a balance against him, to produce a 
transcript from the books of the auditor of state, or the auditor of the 
county, or the records of the commissioners of the county; and the re- 
fusal of any such officer, or person, whether in or out of office to pay any 
draft, order, or warrant drawn upon him, by the proper officer, for any 
public money in his hands, no matter in what capacity the same was re- 
ceived or IS held by him, or any refusal, by any person or public oflicer, 
to pay over to his successor any public money or securities promptly, 
on the legal requirement of any authorized officer of the state or county, 
shall be taken on the trial of an indictment against him for embezzle- 
ment as prima facie evidence ot such embezzlement. [55 v. 44, $ 15.] 



OHIO SCHOOL LAWS. 



Ch. 10. 



Enumeration, Treasurer, and Clerk. 



Treaenrer to 
ieBTer money 
©to., to sncces- 
8or. 



Bond -of clerk. 



"VThen orders of 
defk for 
teachers' pay 
illegal. 



quire the treasurer to file with him a statement, to be fur- 
nished by the clerk of the board of education whenever 
necessary for the purpose, showing the amount of funds in 
the treasurer's hands according to the clerk's books. [70 v. 
195, § 84.] 

Sec. 4049. At the expiration of his term of service 
each treasurer shall deliver to his successor in office all books,, 
papers, money, and other property in his hands belonging 
to his district, and also all orders redeemed by him since hi& 
last settlement with the county auditor, and take duplicate 
receipts of his successor therefor, one of which he shall de- 
posit with the clerk of the board of education within ten 
days thereafter. [71 v. 9, § 47.] 

Sec. 4050- The clerk of each board of education shall 
execute a bond, in an amount and with surety to be approved 
by the board, payable to the state of Ohio, conditioned that 
he shall perform faithfully all the official duties required of 
him ; which bond shall be deposited with the president of 
the board, and a copy theieof, certified by the president of 
the board, shall be filed with the county auditor. [70 v. 195,. 
§45.] 

Sec 4051. It shall be unlawful for the clerk of a board- 
to draw an order on the treasurer for the payment of a 
teacher for services until the teacher files with him such re- 
ports as are required by the state commissioner of common 
schools and the board of education, a legal certificate of 
qualification, or a true copy thereof, covering the entire 
time of the service, and a statement of the branches taught j 



Sec. 40.50. Section note [I] under section 4043. 

Sec. 40.51. The provisions in the act of March 18, 1864 (61 v. 31), that 
no per&on shall be " employed " as a teacher unless he has iirst obtained 
the certificate required by law, does not render invalid a contract for em- 
ploymetit made with 'the teacher before he obtains the requisite certifi- 
cate, provided he obtain it before entering on the duties of his employ- 
ment. School District \. Dilman, 22 O. S. 194. 



OHIO SCHOOL LAWS. 



Enumeration, Treasurer, and Clerk. Ch. 10. 

but orders may be drawn for the payment of special teachers 
of drawing, painting, penmanship, music, gymnastics, or a 
foreign language, on presentation of a certificate to the clerk, 
signed by a majority of the examiners, and the filing with 
him of a true copy thereof, covering the time for which the 
special teacher has been employed, and the specialty taught. 
[70 V. 195, §§ 53, 94.] 
Sec. 4052. The clerk of each board shall prepare the Duties of wifirk 

as to statistics, 

annual report of the receipts and expenditures of school *'^*** 
moneys and the statistical statement in reference to the 

teachers' orders. 

Township boards have not; the power to authorize the giving or refus- 
ing of orders for teachers' pay, and such orders need not be signed by the 
president, 

If an order is drawn for the illegal payment of a te^.cher, the remedy of 
the board is a wiit of injunction. 

Each of these three documents must be careftJly filed by the clerk and 
handed over to his successor in office. 

An assistant teacher who has not a legal certificate can not be paid 
through an order drawn in favor of another teacher who had a certificate, 
nor can any uncertificated teacher, who is employed as a substitute, receive 
pay through another teacher. Section 4074 provides that "no person 
shall be employed as a teacher" who has not a legal certificate. It is the 
duty of the township clerk to refuse to draw an order for the payment of 
money from the school fund when he has satisfactory evidence that any 
portion of such mcney is to be used for the payment of a teacher not 
holding a legal certificate. A legal certificate must cover the entire time 
of the teacher's service, must specify all the branches taught, and can 
neither directly nor indirectly be made to legalize another teacher's ser- 
vices. 

(h'ders in hands of a purchaser. — An order drawn by the clerk of the 
board of education, under the statute, in favor of a third person or bearer, 
on the townshii) treasure, is not negotiable, and a purchaser takes such 
order subject to the same defenses that could be made against it m the 
hands of the payee. 

The State ex rel. Steinbeck, et al. v. Treasurer of Libertij Township. 22 

0. S., 144. 

The written acceptance of such order by the predecessor of the town- 
ship treasurer, to whom it is presented for payment, imposes no greater 
obligation on the latter to pay the same, than he would have been under 
had it been presented without such acceptance. lb. 144. 

Sec. 4055. Duty and liability of clerk. — The clerk of a board of education 
ofaschool district is required to perform the following duties, among others: 

1. To keep a faithful record of all the official proceeding ot t he board. .;. To • 
keep a reoor<i of all school moneys received and disbursed by the board. 

2. To draw and countersign all orders of tbe board for the payment of 
money from the school fand. 4. To certify the enumeration of youth to 
the county auditor, and to employ a competent person to take such 
enumei-ation, if the board fail to discharge their duty. 5. To prepare 
and forward the annual returns to the county auditor. 6. To certify to 
the county auditor the annual estimates of the board. (See Sees. 4036, 
4038, and 4061.) 



90 



OHIO SCHOOL LAWS. 



Ch. 10. 



Enumeration, Treasurer, and Clerk. 



Publication of 
receipts and 
disbursements 
by clerk. 



©lerk to de- 
liver books, etc., 
to snccessor. 



How treasurer 
and clerk to 
keep accounts. 



schools, required of the board by section forty hundred and 
fifty-seven, and transmit the same to the count}- auditor on 
or before the first day of October in each year. [70 v. 195, 
§82.] 

Sec. 4053- The board of education of each district, ex- 
cept city districts of the first class, shall require the clerk of 
the board annually, ten days prior to the election for mem- 
bers of the board and directors of sub districts, to prepare, 
and post at tne place or places of holding such elections, or 
publish in some newspaper of general circulation in the 
district, an itemized statement of all money received and 
disbursed by the treasurer of the board within the school 
year last preceding. [70 v. 195, § <oQ.'] 

Sec. 4054- Each clerk shall, at the expiration of his 
term of ofHce, deliver to his succesFor all books and papers 
in his hands relating to the affairs of his district, including 
certificates, and copies thereof, and reports of school statistics, 
filed by teachers. [70 v. 195, § 84.] 

Sec. 405 5. The auditor of each county shall furnish to 
the clerk and treasurer of each school district in his county 
a suitable blank book, made according to the form prescribed 
by the commissioner of common schools, in which each 
shall keep an account of the school funds of his district ; 
the clerk's account shall show the amounts certified by the 
county auditor to be due the district, all sums paid to the 
treasurer from other sources on his order, and all orders drawn 
by him on the treasurer, and upon what funds and for what 
purposes drawn; the treasurer's account shall show the 
amounts receivedfrom the county treasurer, all sums received 
from other sources on the order of the clerk, and the amounts 
paid out, and from what funds and for what purposes paid ; 
and a separate account of each fund shall be kept, and each 



OHIO SCHOOL LA.WS. 



91 



Reports. 



Ch. 11, 



account shall be balanced at the close of the school year, and 
the balance in the treasurer's hands belonging to each fund 
shown. [70 V. 195, § 84.] 

Sec. 4056- The board of education may fix the compen- compensation 

of treasurer and 

sation of the clerk and treasurer ; the allowance made to ci^""^- 
the treasurer shall not exceed one per centum of the money 
disbursed by him on orders of the board ; but the treasurers 
of townshipdistricts shall be allowed as compensation one per 
centum on all school funds disbursed by them, to be paid on 
the order of the trustees of the township, out of the township 
treasury, and treasurers of city districts shall not be allowed 
any compensation for disbursing the school funds. [70 v. 
195, § 49.] 

. CHAPTER 11. 
EEPORTS. 



Section 

4057, Annual report by board of educa- 
tion 

4656. In what form to be made, etc. 

4059. Reports by superintendents and 
teachers. 

4860. Duties of county auditor as to school 
statistics, etc. 

Sec. 405 7. The board of education of each district shall Annual report 

byboard of eda- 

make a report to the county auditor, on or before the first "^.tion,. 



Section 

4061. Penalties against auditor and clerk. 

4062. When auditor to appoint person to 

make reports. 

4063. Further penalties against auditor. 

4064. Compensation of auditor. 



PAY OP TREASURER. 

Sec. 4056. A careful reading of this sectioti, together with section 
404'2, will show that treasurers of township boards, village boards, and 
boards of special school districts, may receive as coiupensatiou for ser- 
vices, as much as one per cent, on the money disbursed upon orders ot 
the board ; and treasurers of city districts shall not be allowed any com- 
pensation for disbursing the school funds. The municipal code, O. L., 
75, pp. 204 and 217, sections 3 and 27, forbids a city treasurer or a 
county treasurer, who, by reason of his location in a city of the second 
class, embracing a county seat, becomes a city treasurer, to receive 
additional compensation for disbursing the school fund, that being a part 
of the duty assigned to his office. 

School moneys paid over by a retiring treasurer to his successor are 
not disbursed by him on orders ot the board, and he lias no claim to per 
cent, thereon. The township treasurer's fees are paid from the township 
treasury, and custom has made the clerk's compensation payable frora the 
same source. 



92 



OHIO SCHOOL LAWS. 



Ch. 11. 



Repoits. 



Id what form to 
be made, etc. 



Eeports tiy sup- 
erlnteri dents 
and teachers. 



day of October in each year, containing a statement of the 
receipts and expenditures of the board, the number of schools 
sustained, the length of time such schools were sustained, 
the enrollment of pupils, the average monthly enrollment 
and average daily attendance, the number of teachers em- 
ployed, and their salaries, the number of school-houses and 
school-rooms, and such other items as the commissioner of 
common schools may require. [70 v. 195, § 75.J 

Sec. 4058. The report shall be made on blanks which 
shall be furnished by the commissioner of common schools 
to the auditor of each county, and bj^ the auditor to each 
school clerk in his county ; and each board of education, or 
officer or employe thereof, or other school officer in any dis- 
trict or county, shall, whenever the commissioner so requires, 
report to him direct, upon such blanks as he shall furnish, 
any statements or items of information that he may deem 
important or necessary. [70 v. 195, § 75.] 

Sec. 4059. Boards of education shall require all teach- 
ers and superintendent? to keep the school records in suoh 
manner that they may be enabled to report annually to th© 
county auditor, as required by the provisions of this title, 
and may withhold the pay of such teachers as fail to tile 
with the clerk the reports required of them ; they may re- 
quire superintendents to report each year such matters as 
they deem important or necessary for information in regard 
to the management and conduct of the schools, and to make 



DAILY REGISTER. 

Sec. 4059. Every teacher should keep a daily record of the attend- 
ance of each pupil enrolled in his school, and, for this purpose, should be 
supplied by township or other district board with a suitable school regis- 
ter. 

Boards of education have power to supply themselves with all blank 
books, order books, and stationery necessary for the transaction of their 
official business, and also to supply teachers v,ith registers and necessary 
stationery. 



OHIO SCHOOL LAWS. 03 



Reports. Ch. 11. 



such suggestions and recommendations as they may deem 
advisable relative to methods of instruction, school manage- 
ment, or other matters of educational interest; and the board 
of each city district of the first class shall prepare and pub- 
lish, annually, a report of the condition and administration 
of the schools under its charge, and include therein a com- 
plete exhibit of the financial affairs of the district. [70 v. 
195, § 76.] 

Sec. 4060. The auditor of each county shall, on or be- Duties of coun- 
ty auditor as to 
fore the fifth day of November, annually, prepare, and trans- tSet^****^' 

mit to the commissioner of common schools, an abstract of 
all the returns of school statistics made to him from the sev- 
eral districts in his county, according to the form prescribed 
by the commissioner, and a statement of the condition of 
the institute fund, and such other facts relating to schools 
and school funds as the commissioner may require ; he shall 
also cause to be distribated all such circulars, blanks, and 
other papers, including school laws and documents, in the 
several school districts in the county, as the commissioner 
may lais-lully require ; and if the auditor neglect to prepare 
and return any of the abstracts or reports herein required, 
the county commissioners shall withhold from him all com- 
pensation for his services under this title. [70 v. 195, § 123.] 

Sec. 4061. The auditor shall also be liable on his bond penalties 
for any such neglect, in a sum not less than three hundred andcierb. 
nor more than one thousand dollars, on complaint of the 
^commissioner of common schools; and if the clerk of the 
board of education of any district fail to make the annual 
returns of school statistics required by this title, to the 
■county auditor, he shall be liable on his bond, in a sum not 
less than fifty nor more than three hundred dollars, on com- 
plaint of the county auditor, or of the board of education, 



94 



OHIO SCHOOL LAWS. 



Ch. 11. 



Reports. 



"When auditor 
to appoint per- 
son to mate re- 
ports. 



Jhirtlier penal- 
ties against 
auditor. 



Gompensatioi: 
of auditor. 



to be recovered in a civil action in the name of the state, 
and when collected to be paid into the county treasury, and 
applied to the use of common schools in such district. [70 
V. 195, § 123.] 

Sec. 4062. Upon the neglect or failure of the clerk of 
the board of education of any district to make the reports 
required in this title, and by the time specified, the county 
auditor shall appoint some suitable person, resident of the 
district, to make such reports, who shall receive the same 
compensation therefor, and in the same manner, as is al- 
lowed by law for like services. [70 v. 195, § 123.] 

Sec. 4063. A. county auditor who willfully or negli- 
gently fails, in any year, to transmit to the commissioner of 
common schools the abstract of enumeration required by 
section forty hundred and thirty-nine, or to perform any other 
duty required of him in this title, shall be liable on his bond 
to the extent of twice the sum lost to the school districts of 
his county in consequence of such failure, which sum shall 
be recovered in a civil action against him, on his bond, in 
the name of the state, before any court of competent juris- 
diction ; and the money so recovered shall be paid into the 
county treasury, for the benefit of such districts, and appor- 
tioned in the same manner as the school funds so lost would 
have been apportioned. [70 v. 195, §§ 81, 124.] 

Sec. 4064. The commissioners of each county shall al- 
low the county auditor, annually, a reasonable compensa- 
tion for his services under this title, not to exceed five dol- 
lars for each city, village, special, and township school dis- 
trict in his county, to be paid out of the county treasury ; 
but before such allowance shall be made for any year the 
auditor shall present to the commissioners a statement, oflBi- 
cially certified and signed by the commissioner of common 



OHIO SCHOOL LAWS. 



95 



Examiners. 



Ch. 12. 



schools, that he has transmitted to the commissioner all re- 
ports and returns of statistics for that year required by this 
title. [70 V. 195, § 125.] 



CHAPTER 12. 



EXAMINERS. 



Section 

4065. State board — appointment, term of 

office, and vacancy. 

4066. Board may gi-ant life certificates ; 

record thereof, etc. 

4067. Eifect thereof; may be revoked for 

cause. 

4068. Fee for examination. 

4069. County boards — appointment, term, 

and vacancies. 

4070. President and clerk, and certain du- 

ties of clerk. 

4071. Meetings of board, and fee for ex- 

amination. 

4072. Disposition of fees ; traveling ex- 

penses of board. 

4073. Validity and revocation of certifi- 

cates. 

4074. Certificate a prerequisite to employ- 

ment ; special studies. 



Section 

4075. Compensation and incidental ex- 
penses of board. 
Annual report of clerk, and his 

bond. 
Boards of city districts of first class. 
Standard of qnalificatioo for teach- 
ers. 

4079. Organization of board; bond of 

clerk. 

4080. Meetings, aiid publication of notice. 

4081. Examination fee ; power of board. 

4082. Compensation of examiners; inci- 

dental expenses. 
Duties of clerk ; disposition of fees. 
Boards of city districts of second 
class and village districts. 
4085. Who ineligible as examiner. 



4076. 



4077. 

4078. 



4083. 

4084. 



STATE BOARD OF EXAMINERS. 

Sec. 4065. There shall be a state board of examiners, state board 

appointment, 

which shall consist of three competent persons, residents of term of office, 

■^ ^ ' and vacancy. 

the state, to be appointed by the state commissioner of com- 
mon schools ; the term of office of such examiners shall be 
three years ; and when a vacancy occurs in the board, whether 
from expiration of the term of office, refusal to serve, or other 
cause, the commissioner shall fill the same by appointment 
for the full or unexpired term, as the case demands; but this 
section shall not ue construed to afiect the term of ofl&ce of 
members of the board in office at the time this act takes 
efiect. [70 v. 195, § 85.] 



96 



OHIO SCHOOL LAWS. 



Ch. 12. 



Examiners. 



Board may 
Strant life certi- 
ficates and shall 
keep record. 



Efiect thereof ; 
may be revoked 
*»• cause. 



Fee for exami- 
aation. 



Cotuity boards 
— appointment, 
term, and va- 
«ancie8. 



Sec. 4066. The board thus constituted may. issue life 
certificates of high qualification to such teachers as are found, 
upon examination, to possess the requisite scholarship, and 
who exhibit satisfactor}'' evidence of good moral character, 
and of eminent professional experience and ability ; and the 
clerk of the board shall keep a record of the proceedings, 
showing the number and date of each certificate, to whom 
granted, and for what branches of studj", and shall report 
such statistics to the commissioner annually on or before the 
first day of October. [70 v. 195, § 86.] 

Sec. 4067- All certificates issued by such board shall 
be countersigned by the commissioner of common schools ; 
and such certificates shall supersede the necessity of any and 
all other examinations of the persons holding them, by any 
board of examiners, and shall be valid in any school district 
in the state, unless revoked by the state board for good cause. 
[70 V. 195, § 87. J 

Sec. 4068- Each applicant for a certificate shall pay to 
the board of examiners a fee of three dollars. [70 v. 195, § 88.] 

COUNTY EXAMINERS. 

Sec 4069. There shall be a board of examiners for each 
county, which shall consist of three competent persons, to be 
appointed by the probate judge ; such persons shall be resi- 
dents the county for which they are appointed, and shall 
not be connected with or interested in any normal school, 
or school for the special education or training of persons for 
teachers ; if an examiner become connected with or inter- 



Sec. 4066. The branches of study in which applicants for state certificates 
shall be examined are left to the enlightened discretion of the board, and 
though it is customary to enumerate in the certificate the branches in 
which the bearer has passed, it is not essential to the certificate's validity. 

Sec 4069. Legal qualifications of a school examiner. — An examiner must 
be an elector of the county in which he is appointed. Art. XV, sec. 4, of 
the constitution of the state provides that "no person shall be elected or 
appointed to any office in this state unless he possesses the qualifications 



OHIO SCHOOL LAWS. 97 



EsamiDers. Ch. 1::^. 



ested in any such school, his office shall become vacant there- 
by ; the term of office of such examiners shall be three years ; 
but the probate judge make revoke the appointment of an 
examiner upon satisfactory proof that he is inefficient, negli- 
gent, or guilty of immoral conduct ; when a vacancy occurs 
in the board, whether from expiration of the term of office, 
refusal to serve, or other cause, the probate judge shall fill 
the same by appointment for the full or unexpired term, as 
the case demands; and within ten days after an appoint- 
ment the probate judge shall report to the commissioner of 
common schools the name and post-office of the appointee, 
and whether the appointment is for a full or unexpired term ; 
but this section shall not be construed to affect the term of 
office of members of such boards in office at the time this act 
takes effect ; and no person shall be appointed to the position 
or exercise the office of state, county, city, or village ex- 

of an elector." Since a woman is not an elector (art. V, sec. 1) she can 
not be appointed to the office of examiner. The persons appointed must 
be " competent" to examine teachers and decide respecting their qaalifica- 
tions. 

Examiners should take an oath or make affirmation as is required in 
sec. 3979. 

Oath of office. — Art. XV, sec. 7, of the constitution provides that " every 
person chosen or appointed to any office under this iState, before entering 
upon the discharge of its duties, shall take an oath or affirmation to sup- 
port the constitution of the United States, and of this State, aud alao an 
oath of office." The supreme court has decided that officers should take 
the oath required by the constitution whether the Jaw under which they 
hold office prescribes this duty or not. The State of Ohio vs. Kennon, et 
al., 7 O. S. R., 546. School examiners should file in the office of the ap- 
pointing judge a certificate showing that they have taken the official 
oath required by the constitution. In case the constitutional oath is not 
taken by an examiner, his appointment may be revoked. 

Removal of examiners. — la the appointment of county examiners the 
probate judge should seek alone the good of the schools. In no case 
should a person of immoral habits be appointed. Drunkenness, licentious- 
ness, profanity, and kindred offences, should each be an impassable bar- 
rier to this position and an irresistible power driving the offender from 
it. 

A mistake of judgment in the discharge of his duty is not a ground for 
an examiner's removal. For example, it is left to his wise discretion 
whether A or B is entitled to a certificate, but proof that improper in- 
fluences had to do with the determination of the question should cause a 
vacancy, so with proof of inefficiency from any cause or of habitual 
neglect of duty. 

Vacancies. — It is to be observed that when a vacancy occurs in the 
midst of an examiner's term, his successor is not to be appointed for the 
full term of three years. 



OHIO SCHOOL LAWS. 



Ch. 12. 



Examiners. 



President and 
clerk, and cer- 
tain duties of 
clerk. 



Meetings of 
board, and fee 
for examina- 
tion. 



Disposition of 
fees ; traveling 
expenses of 
board. 



aminer of teachers who is the agent of or is interested in any 
book-publishing or book-selling firm, company, or business. 
[70 V. 195, § 89.] 

Sec. 4070. The board shall organize by choosing from 
its members a president and a clerk ; the clerk shall keep a 
record of the proceedings, showing the number and date of 
each certificate issued, and to whom, for what term, and for 
what branches of study, and such other statistics relating to 
the exaoaination and proceedings as the commissioner of 
common schools may require, and shall report such statistics 
to the commissioner annually, on or before the first day of 
October ; and such boards may make all needful rules and 
regulations for the proper discharge of their duties. [70 v. 
241, § 95.] 

Sec. 4071- Each board shall fix upon the place and 
times for holding meetings for the examination of appli- 
cants for certificates, notice of which shall be published in 
some newspaper of general circulation in the county; the 
meetings, of which there shall not be more than eighteen in 
any year, shall be held at such place in the county as will, 
in the opinion of the board, best accomodate the greatest 
number of applicants ; a majority of the board may examine 
applicants and grant certificates; and as a condition of ex- 
amination each applicant shall pay to the board a fee of 
fifty cents. [70 v. 195, §§ 90, 91.] 

Sec. 4072. The clerk of the board shall pay to the 
county treasurer, quarterly, all fees received, and file with the 
county auditor a written statement of the amount, and of the 

Sec. 4071. Private examinations are illegal. Applicants are to be ex- 
amined at a meeting, notice of which shall be published. 

Sec. 4072. The clerk of the board should also be treasurer. There 
should be no carelessness permitted in the matter of paying over the fees 
quarterly and filing the ivritten siatementor quarterly report required by law. 
A failure to strictly carry out the requirements of this section would 
abundantly justify the probate judge in removing from office the negli- 



OHIO SCHOOL LAWS. 99 



Examiners. Ch. 12. 



number of applicants, male and female, examined during 
the quarter ; the necessary traveling expenses of the exami- 
ners, which shall not, in any quarter, exceed one-third of 
the amount of fees received, shall be paid from the money so 
paid to the county treasurer, on orders of the county auditor ; 
and the balance of such money shall be set apart for the sup- 
port of teachers' institutes, and be applied as provided in 
chapter thirteen. [70 v. 195, § 91.] 

Sec. 4073. The board may. grant certificates for six, validity and re- 

, . . - vocation of cer- 

twelve, eighteen, twenty-tour, and thirty-six months from tiflcates. 

the day of examination, which shall be valid within the 

county wherein they are issued, except in city and village 

districts, in which they shall not be valid unless indorsed by 

the president and secretary of board of examiners of such dis- 

gent examiner. The examiners should not hold any meeting so late in 
the quarter as to prevent the quarterly returns from being made on or 
before the last day of the quarter. 

The auditor should file in his office a duplicate of the treasurer's receipt 
for the amount of fees paid in during the quarter. 

Liability of examiners. — County examiners are jointly and individually 
liable for all fees not paid over quarterly to the county treasury as the 
law directs. In order that the school commissioner may exercise that 
supervision over the school funds of the state that the law requires, it is 
essential that the examiners make their reports of money received and 
applicants examined promptly. 

In case the examiners fail to pay over quarterly to the county treasurer 
all moneys collected as examination fees, it is the duty of the auditor to 
collect the same. 

Necessary traveling expenses. — By the "necessary traveling expenses" of 
examiners is meant the amount of money actually and necessarily paid 
out by tlietu iu getting to and from the place of meeting for the examina- 
tions ot teachers. When hotel expenses are necessarily incurred they may 
be included. The auditor should not exceed the limit fixed, in issuing 
orders for payment of traveling expenses. 

Sec. 4U73. Examiners can not grant certificates for any length of time 
not specified in the statute. 

Extending a certificate one, two, or three months is not authorized. 

AntedaiinQ of certiJicaUs. — Except in very extreme cases, no certificate 
should be antedated. The practice encourages teachers to run the risk of 
a failure on examination, countenances the illegal practice of employing 
uncertificated teachers by school directors, and greatly embarrasses the 
examiners in a conscientious and faithful discharge of their duties. If 
directors permit teachers to enter upon their duties without a certificate, 
they are responsible for the payment of such teacher's wages up to the 
time of the^r obtaining a certificate. 

The board of examiners are empowered to revoke a certificate issued by 
their predecessors in offi.ce for the same reasons which would justify them 
in case they had themselves issued it. The right inheres in the office, 
not in the man. Revocation of a certificate annuls the contract previously 
entered into by the bearer. 



100 



OHIO SCHOOL LAWS. 



Ch, 12. 



Examiners. 



tricts : and if, at any time, the recipient of a certificate"be 
found immoral, incompetent, or negligent, the examiners, or 
any two of them, may revoke the certificate ; but such revo- 
cation shall not prevent a teacher from receiving pay for ser- 
vices rendered. [70 v. 195, § 92.] 
Certificate a Sec. 4074. No pcrson shall be employjd as teacher in 

prerequisite to 

g^eSHtudies. any common school who has not obtained from a board of 
examiners, having competent jurisdiction, a certificate of 
good moral character, and that he or she is qualified to teach 
orthography, reading, writing, arithmetic, geography, and 
English grammar, and possesses an adequate knowledge of the 
theory and practice of teaching, and, if required to teach 
other branches, that he or she has the requisite qualifications ; 
but persons who desire or are expected to teach only special 
studies, such as music, drawing, painting, penmanship, gym- 
nastics, German, or French, or any one of them, may be ex- 
amined in regard to such study or studies only, and having 
obtained a certificate of qualification therein, and of good 
moral character, may be employed to teach such study or 
studies. [71 v. 107, § 93.] 



SEQtnSITES FOR A CERTIFICATE. 

Sec. 4074. No person is entitled to a certificate if be does not possess 
the following qualifications : 1. A good moral character. 2, The ability 
to teach in the English language all the branches of stndy named in the 
law. 3. An adequate knowledge of the theory and practice of teaching. 
The examiners mubt certify that the recipient of a certificate possesses 
each of these qualifications. 

The omission of either in a certificate renders such certificate invalid. 
Persons intending to teach branches of study, in addition to the common 
English branches, must obtain a certificate that they are qualified to 
teach such additional branches. 

No person can be employed as teacher in any common school unless 
such person has a certificate of qualification both as to moral character 
and competency to teach the branches named therein. 

Assistant teachers and substitutes must hold certificates. 

Special teachers of any branch, other than those named, may teach such 
branch upon a certificate giving evidence as to qualifications to teach 
such special branch. 



OHIO SCHOOL LAWS. 



101 



Examiners. 



Ch. 12. 



Sec. 4075. Each member of the board shall be entitled compensation 

• and incidental 

to receive two dollars for each day he is necessarily engaged board. 
in official service, to be paid out of the county treasury, on 
the order of the county auditor; all books, blanks, and 
stationery required by the board shall be furnished by the 
county auditor ; the board may contract for the use of suit- 
able rooms in which to conduct examinations, procure fuel 
and light, and employ janitors to take charge of the rooms, 
and keep them in order ; and the expenses so incurred, and 
also the cost of advertising required by section forty hundred 
and seventy -^ne shall be paid out of the county treasury, on 
orders of the county auditor, who shall issue such orders 
upon the certificate of the- president of the board, counter- 
signed by the clerk. [70 v. 241, § 95.] 

Sec. 4076- The clerk of the board shall prepare, and Annual report 

clerk, and his 

forward to the commissioner of common schools, on or before ^^^^' 



COMPENSATION OF COUNTY EXAMINEES. 

Sec 4075. The necessary official service of examiners, for which they 
are entitled to pay, is three-fold : 

1. The examination of applicants to determine their moral character, 
their scholarship, and their professional knowledge and skill. This duty 
must be performed at regular meetings of (he board, which have been duly 
noticed in the county paper. If the work of examination be not com- 
pleted on the first day of the meeting, the board may adjourn to the next 
or a subsequent day — euch regular and adjourned sessions cons'^itutiug 
but one meeting of the board. For each day's service thus necessarily 
performed, examiners are entitled to a comiiens ition of two dollars each. 
If an examiner is absent from any session of the board, he is not entitled 
to pay for the same. 

2. The granting of certificates, which may occur at the adjourned ses- 
sion of a meeting, if the examination of applicants should occupy all of 
the first day. When aoplicants are required to hand in writt^n answers 
to questions, the papers may be examined, if necessary, at the adjourned 
session. For services thus rendered, examiners are entitled to compensa- 
tion at the rate of two dollars a day. 

3. The recording of the proceedings and the preparation of all reports 
required by law, which is made the duty of the clerk, and for the per- 
formance of which he is entitled to compensation at the rate of two dol- 
lars a day for all time actually and necessarily employed. The clerk 
should keep an accurate record of the amount of official service performed 
by each examiner ; and all bills presented to the county auditor for the 
payment of such service, should be duly certified by the clerk. 

Current expenses. — When such certificates are properly signed there 
seems to be no supervising power granted to the county auditor "he 
shall issue such orders, etc." 

Sec. 4076. The quarters end on the last days respectively of Novem- 
ber, February, May, and August. 



102 OHIO SCHOOL LAWS. 



Ch. 12. Examiners. 



tlie first day of October in each year, a statement of the num- 
ber of examinations held by the board, the number of appli- 
cants examined, the total number of certificates granted, and 
tlie number for each term mentioned in section forty hun- 
dred and seventy three, the amount of fees received and paid to 
the county treasurer, the amount received from the county 
treasury by the meinbers of the board for their services, and 
such other statistics and information in relation to the 
duties of the board as the commissioner may require; and he 
shall deposit with the county auditor a bond, with surety to 
be approved by the auditor, in the sum of three hundred 
dollars, that he will pay into the county treasury, quarterly, 
the examination fees received by the board, and niake 'the 
statistical returns required by this chapter. [70 v. 241, § 95.] 

CITY AND VILLAGE EXAMINERS. 

Boards of city Sec. 4077- There shall be a boai'd of examiners for each 

districts of first 

°^*®^" city district of the first class, to be appointed by the board of 

education of the district; such board may cousist of either 
three, six, or nine persons, as the board of education may de- 
termine, and the persons appointed shall be competent for 
the position, and residents of the district for which they are 
appointed; the term of office of such examiners shall be 
three years ; but the board of education may revoke any 
appointment, upon satisfactory proof that the appointee is in- 
efficient', negligent, or guilty of immoral conduct; when a 
vacancy occurs in the board, whether from expiration of the 
term of office, refusal to serve, or other cause, the board of 
education shall fill the same by appointment for the full 
or on unexpired term, as the case demands ; and within ten 

Sec. 4077. Nothing in the statute directly prohibits a member of the 
board of edncation from serving on a^oity or village board of examiners, 
but the provisious of sec. 3974 would prevent his receiving pay for such 
services. 



Omo SCHOOL LAWS. 



Examiners. Cli. 12. 



days after an appointment the clerk of the board of education 
shall report to the commissioner of common schools the name 
of the appointee, and whether the appointment is for a full 
or an unexpired term ; but this section shall not be construed 
to aflFect the term of office of such examiners in office at the 
time this title takes efifect. [70 v. 195, § 97 ; 71 v. 107, § 96.] 

Sec. 4078. Such board may examine the schools within standardof 

qualification for 

its jurisdiction and shall determine the standard of qualifi- t^a'^'i^i^s- 
cation for teachers; in the examination of applicants and 
the granting of certificates the board shall be governed by 
the provisions of section /orf^/ hundred and seventy four; and, 
to secure a thorough examination of applicants in difiicult 
branches or special studies, the board may secure the assist- 
ance, temporarily, of persons of sufficient knowledge in such 
branches or studies, who shall promise, on oath or affirma- 
tion, to be administered by the clerk of the board of exami- 
ners, to perform the duties of examiner faithfully and im- 
partially ; and superintendents of schools shall give to the 
board all necessary information in reference to branches and 
special studies to be taught, and the giades and classes 
teachers will have to teach. [71 v. 107, § 96.] 

Sec. 4079. The board shall organize by choosing from prganizatioTi of 

o ./ o board; bond of 

its members a president and a clerk ; and the clerk shall 
give bond, in the sum of five hundred dollars, with surety 
to be approved \>y the board of education, conditioned that 
he will perform faithfully the duties required of him by this 
chapter, which bond shall be deposited with the clerk of the 
board of education. [70 v. 195, § 98.] 

Sec. 4080. The board shall hold not less than two meet- Meetings, and 

publication of 

ings each year, notice of which shall be published in some notice. 
newspaper of general circulation in the district, and the ex- 



OHIO SCHOOL LA"W3. 



Ch. 12. 



Examiners. 



Examination 
fee; powers of 
board. 



CompeDsation 
of examiners ; 
incidental ex- 



Duties of clerk ; 
disposition of 



pense of such publication shall be paid as provided in sec- 
tion forty hundred and eighty-two. 

Sec. 4081. Each person who applies to the board for 
examination shall pay to the clerk a fee of fifty cents ; the 
board may grant certificates for one, two, or three years, 
which shall be signed by the president and attested by the 
clerk, and shall be "\^alid within the district wherein they 
are issued ; and on the production of satisfactory evidence 
that a person to whom a certificate has been issued is ineffi- 
cient, or guilty of immoral or improper conduct, the board 
may revoke the certificate, and discharge such person from 
employment as a teacher in the district ; but such teacher 
shall be entitled to pay for services to the time of such dis- 
charge. [70 V. 195, § 100 ; 72 v. 114, § 99.] 

Sec. 4082. The board of education shall fix the com- 
pensation of such examiners, and the persons called to their 
assistance, furnish the necessary books, blanks, and sta- 
tionery for their use, and designate a school building within 
the district in which they shall conduct examinations, and 
cause such building to be lighted and heated if necessary ; 
and such compensation, and the incidental expenses incurred 
on account of the board of examiners, shall be paid, by order 
of the board of education, from the contingent fund of the 
district. [71 v. 107, § 96.] 

Sec. 4083. The clerk shall keep a record of the proceed- 
ings of the board, and of such statistics as the commissioner 
of common schools may require, and shall report such statis- 
tics to the commissioner annually, on or before the first day 
of October ; he shall pay the examination fees received by 
him to the treasurer of the district, within ten days after 
each meeting, and at the same time file with the clerk of the 
board of education a written statement of the amount, and 



OHIO SCHOOL LAWS. 



105 



Teachers' Institutes. 



Ch. 13. 



also a statement of the number of applicants, male and fe- 
male, examined, and the number of certificates granted, and 
for what terms ; and the fees paid to the treasurer of the dis- 
trict shall be applied to the support of teachers^ institutes, 
as provided in chapter thirteen. [70 v. 195, § 98.] 

Sec- 4084. The provisions of this chapter relating to Boards of city 

. - . , . districts of sec- 

boards of examiners for city districts of the first class, shall "nd class and 

village dis- 

be applicable to such boards for city districts of the second *"'^*^' 
class, and village districts having a population of not less 
than twenty-five hundred, except that such boards shall con- 
sist of three members, and may grant certificates for one, 
two, or three years only, and except also that the examina- 
tion fees shall be disposed of, and statements filed with the 
county auditor^ as provided in section forty hundred and seventy- 
two, in all such districts not covered by the provisions of sec- 
tion fo7iy hundred and ninety-three. [70 v. 195, § 101 ; 72 v. 
114, § 99.] 

Sec. 4085. No board of county, city, or village examin- who ineligible 

as examiner. 

ers shall have more than one member connected with the 
same school. 



CHAPTER 13. 

TEACHERS' INSTITUTES. 



Section 

4086. County institute — how organized, 

etc. 

4087. Payment of institute fund to com- 

mittee. 

4088. Eeport of institute committee. 

4089. Forfeiture of committee's bond. 

4090. When school commissioner may hold 

institute. 



Section 

4091. Teachers may dismiss school to at- 

tend institute. 

4092. Institute for city districts of first 

class. 

4093. Institute for teachers of adjacent 

counties. 

4094. Length of sessions; reports of cer- 

tain institutes. 



Sec. 4085. The intent of this section is to prevent the appointment 
of two persons connected with the same school, as members of a board 
of county, city, or village examiners. Members of the board of educa- 
tion and teachers are "connected" with the school. 



106 



OHIO SCHOOL LAWS. 



Ch. 13. 



Teachers' Institutes. 



County insti- 
tnte — now or- 
ganized, etc. 



Payment of in- 
stitute fund to 
committee. 



Sec. 4088. A teachers' institute may be organized in 
any county, by the association of not less than thirty prac- 
tical teachers of common schools residing therein, who shall 
declare their in*tention, in writing, to attend such institute, 
the purpose of which shall be the improvement of such 
teachers in their profession ; such institute shall appoint a 
secretary, and also a committee to manage the affairs of the 
institute, which committee shall enter into a bond, payable 
to the state of Ohio, with sufficient surety, to be approved by 
the countj^ auditor, in double the amount of the institute 
fund in the county treasury, for the benefit of the institute 
fund of the county, and conditioned that the committee shall 
account faithfully for the money which will come into its 
hands, and make the report to the commissiojier of common 
schools required by section forty hundred and eighty-eight. [70 
V. 195, § 112.] 

Sec. 4087. The declaration and bond mentioned in sec- 
tion forty hundred and eighty-six shall be filed with the county 
auditor, whereupon the auditor shall give to* the institute 
committee an order on the count}'- treasurer for the amount 
of the institute fund in the treasury ; and any portion of 
said fund not disbursed by the committee shall be returned 
to the county treasury, on the certificate of the county auditor. 
[70 V. 15, § 112.] 



Sec. 4086. The only practicable mode of carrying out the provisions 
of this chapter, and the mode established by'custom throughout the State, 
is for the teachers of each county to organize a permanent association, 
knoTfn as the institute. At each yearly session officers are chosen, yrho 
make the necessary preparations for the next session. 

These officers are a president, vice-president, secretary, and executive 
committee. This committee is the legal representative' of the institute. 
lb usually consists of three members, who enter into bond to faithfully 
account for the money which shall come into their hands, and make the 
proper reports to tLie commissioner of common schools. They must see 
to it that the secretary keeps account of such matters as are required in 
said report, otherwise they are liable to the penalty stated in section 4088. 
There seems to be in any county but one county institute organization in 
contemplation of law. 



OHIO SCHOOL LAWS. 107 



Teachers' Institutes. Ch. 13. 



Sec. 4088. The institute committee shall, within thirty fjP"e'omm!°'ee: 
days after the adjournment of the institute, report to the 
commissioner of common schools the number of teachers in 
attendance at the institute, the names of instructors and 
lecturers, the amount of money received and disbursed by 
the committee, and such other information relating to the 
institute as the commissioner may require ; and on failure to 
make such report the committee shall forfeit and pay to the 
state the sum of fifty dollars. [70 v. 195, § 112 ] 

Sec. 4089. Upon the forfeiture of the committee's bond, Forfeiture of 

committee's 

the prosecuting attorney of the county shall prosecute an ^°°'^- 
action thereon, in the nam a of the state, and collect any 
money which the committee may have failed to disburse ac- 
cording to law, and any penalty to which the committee may 
be liable under this chapter, and pay the same into the 
county treasury, to the credit of the institute fund. [70 v. 
195, § 112.] 

Sec. 4090- When a teachers' institute has not been held when school 

, , . . , J-, • ' c may hold insti- 

withm two years m any county, the commissioner or com- tute. 
mon schools may hold or cause to be held therein such insti- 
tute ; and the management thereof, and all proceedings in 
relation thereto, shall be the same as hereinbefore provided, 
except that the written declaration required shall not be 
necessary. [70 v. 195, § 114.] 

Sec. 4091. All teachers of common schools within any Teachers may 

"^ -iwj. ./ dismiss school 

county in which a county institute is held, except those em- tute. ^° 
ployed in city districts of the first class, may dismiss their 
schools for the purpose of attending such institute, for the 



Sec. 4091. Professional spirit should lead teachers to attend their 
county institute, though such attendance does not longer pass as a weeli's 
teaching when pay day comes. 

Directors are by this section deprived of any right to object to the 
teacher's dismissing school for one week for the purpose of attending the 
institute. 



108 OHIO SCHOOL LAWS, 



Ch. 13. Teachers' Institutes. 



week in which it is held; and boards of education of city dis- 
tricts of the first class situate within such counties may, by 
resolution, extend the privilege specified above to the 
teachers employed by them ; but no union or graded school 
shall be dismissed for such purpose unless a majority of 
teachers employed therein assent thereto. [70 v. 195, § 117.] 
Institute for g^Q, 4092. The board of education of each city district 

city districts of •' 

of the first class may provide for holding an institute yearly, 
for the improvement of the teachers oi the common schools 
therein ; the expenses of such institute shall be paid from 
the institute fund provided for by section forty hundred and 
eighty-three ; if the board of any district do not provide for 
such institute in any year, it shall cause the institute fund 
in the hands of the district treasurer to be paid to the treas- 
urer of the county wherein the district is situate, who shall 
place the same to the credit of the county institute fund, 
and the teachers of the schools of such district shall be 
entitled, in such case, to the advantages of the county 
institute, subject to the provisions of the preceding section j 
and the clerk of the buard shall make the report of the insti- 
tute required by section forty hundred and^ ninety -four. [70 v. 
195, § 118.] 
Institute for ^Ec. 4093- An association of teachers of several adja- 

teachers of ad- 
jacent counties, cent counties may organize an institute for the specific pur- 
pose of providing for the professional instruction of the 
teachers of the graded schools in such counties, and the 
the boards of all city, village, and special districts within 
such counties may contribute from the institute and contin- 
gent funds under their control to defray the expenses there- 

Sec. 4093. The various associations, as North Eastern, Central and 
Eastern Ohio Teachers' Association, may enjoy the benefits of this section, 
as under sec. 401)4, they are not required to continue four days; but they 
must make report as directed in that section. 



OHIO SCHOOL LAWS. 109 



Cincinnati and Toledo Universities. Ch. 14, 



of, and may permit teachers employed by them to attend 
the institute one week ; and such institute shall appoint a 
secretary, who shall make the report required by the next 
section. [70 v. 195, § 1 19.] 

Sec. 4094. All institutes held under the provisions of length of aes- 

■^ sion ; report of 

this chapter, except the institute provided for by section tutee!"^ ™^*'' 
iorty hundred and nine-three^ shall continue at least four 
days ; and a report of each institute held in pursuance of the 
provisions of sections /or<2/ hundred and ninety-two a.nd forty hun- 
dred and ninety three, shall be made to the commissioner of com- 
mon schools, within thirty days after the adjournment thereof, 
which shall state the number of teachers in attendance, the 
names of instructors and lecturers, the total expenses of the 
institute, and the portion thereof paid from institute funds, 
and such other information relating to the institute as the 
commissioner may require. [70 v. 195, §§ 113, 115, 118.] 



CHAPTER 14. 

CINCINNATI AND TOLEDO UNIVERSITIES. 



Section 

4095. Common council of Cincinnati may 

accept educational trusts. 

4096. How trust fund-i to be applied. 

4097. Trusteeship to vest in city, etc. 

4098. Board of directors— how appointed, 

etc. 

4099. Powers of board. 



Section « 

4100. Citizens not to be charged for ad- 

mission of children. 

4101. Accounts and expenditures. 

4102. When board may confer degrees. 

4103. Site and grounds. 

4104. When and how tax may be levied; 

4105. Provisions of chapter applicable to 

city of Toledo. 



Sec. 4095. The common council of the city of Cincin- common coun- 

• • 1 T 1 1 !/• c Ai -J. cU of Cincinnati 

nati, m the name and behali oi the city, may accept and mayaccepteda- 

cational trusts. 

take any property or funds heretofore or hereafter given to 
the city for the purpose of founding, maintaining, or aiding 
a university, college, or other institution for the promotion 
of free education, and upon such terms, conditions, and trusts, 



no 



OHIO SCHOOL LAW3. 



Ch. 14. 



Cincinnati and Toledo Universities. 



How trust 
funds to be ap- 
plied. 



Trusteeship to 
vest in city, 
etc. 



not inconsistent with law, as the common council may deem 
expedient and proper for that end. [67 v. 86, § 1,] 

Sec. 4096. For the further endowment, maintenance, 
and aid of any university, college, or institution for the pro- 
motion of free education heretofore or hereafter so founded 
in said cit}^, the common council thereof may, in the name 
and in behalf of the city, accept and take, as trustee, and 
in trust for the purpose aforesaid, any estate, property, or 
funds which have been or may be lawfully transferred to 
the city for such use, by any person or body corporate hav- 
ing the same, or any annuity or endowment in the nature 
of income which may be covenanted or pledged to ihe city 
toward such use by any person or body corporate ; and any 
person or body corporate having and holding any estate, 
property, or funds, in trust or applicable for the promotion 
of education, or the advancement of any of the arts ,or 
sciences, may convey, assign, transfer, and deliver over the 
same to said city, as trustee in his or its place, or covenant 
or pledge its income, or acy part thereof, to the same ; and 
such estate, property, funds, or income shall be held and ap- 
plied by such city in trust for the further endowment or 

» 

maintenance of such university, college, or institution, in 
accordance, nevertheless, with the terms and true intent of 
any trust or condition upon which the same was originally 
given or held. [67 v. 86, § 2.] 

Sec. 4097. UiDon such transfer, and the acceptance 
thereof, the city and its successors, as trustee, shall become 
and be perpetually obligated and held to observe and execute 
such trust, in all respects, according to any further terms 
and conditions ^awfully agreed upon at such transfer and 
acceptance ; and any court having jurisdiction of the ap- 
pointment of trustees of such trusts for educational purposes 



OHIO SCHOOL LAWS. Ill 



Cincinnati and Toledo Universities. Ch. 14. 

may, in any proceeding for that purpose duly instituted and 
had, appoint and constitute said city, with the consent of 
the common council thereof, trustee of the estate, property, 
and funds so transferred to it, and may dispense with the 
bond or surety on the part the city for the performance of 
such trust, unless the same is required by the original terms 
or conditions thereof, and shall, upon the due transfer and 
acceptance of such trust by the city, release and fully dis- 
charge the trustee or trustees so transferring the same. [67 
V. 86, § 2.] 

Sec. 4098. The custod}^ and management of any and Board of direc- 
tors— how ap. 
all estate, property, or funds so given or transferred in trust pomted, etc. 

to said city, and the entire administration of any and all 
such trusts so accepted by the common council thereof, and 
any university, college, or institution for the promotion of 
education, heretofore or hereafter so founded in or by said 
city, except the common and high schools thereof, shall be 
committed to a board of nineteen directors, of Avhom the 
mayor of the city shall be one, and the others shall be ap- 
pointed by the common council, six of whom shall be ap- 
pointed from persons of approved learning, discretion, and 
fitness for the office, citizens of the city, to be nominated to 
the common council by the board of education of the city ; 
the term of ofhce of such directors shall be six years, but of 
those first appointed three shall be appointed for one year, 
three for two years, three for three years, three for four years, 
three for five years, and three for six years, from the first day 
of January next following their appointment; such directors 
shall serve ui.til the election and qualification of their suc- 
cessors; and any vacancy in the board, caused by expiration 
of term, resignation, removal, or other cause, shall be filled 



112 



OHIO SCHOOL LAWS. 



Ch. 14. 



Cincinnati and Toledo Universities. 



Powers of 
board. 



Citizens not to 
be charged for 
admiseioB of 
children. 



by appointment as herein provided, for the unexpired term. 
[67 V. 86, § 3.] 

Sec. 4099. As to all matters not herein or otherwise 
provided by law, the directors stall have all the authority, 
powers, and control vested in or belonging to said city, as to 
the management and control of the estate, property, and 
funds given, transferred, covenanted, or pledged to the city 
for the trusts and purposes aforesaid, and the government, 
conduct, and control of the university, college, or institution 
so founded ; they may appoint a clerk, and all agents proper 
and necessary for the care and administration of the trust 
property, and the collection of the income, rents, and profits 
thereof, may appoint the president, professors, tutors, in- 
structors, agents, and servants necessary and proper for such 
university, college, or institution, and determine their com- 
pensation, may provide all the necessary buildings, books, 
apparatus, and means and appliances, and pass all such by- 
laws, rules, and regulations concerning the president, pro- 
fessors, tutors, instructors, agents, and servants, and the ad- 
mission, government, and tuition of students, as they deem 
wise and proper ; but they may, by suitable by-laws, dele- 
gate and commit the admission, government, management, 
and control of the students, course of studies, discipline, and 
other internal afiairs of such university, college, or institu- 
tion, to the faculty which the directors may appoint from 
among the professors. [67 v. 86, § 3.] 

Sec. 4100. The citizens of said cit}^, whose children, 
wards, or apprentices are admitted to such institution, 
shall not be charged for such admission, and no charge shall 
be made for the instruction of such pupils. [67 v. 86, § 3.] 

Sec 4101. The accounts of such trust estate, property, 
and funds, and of the income and expenditure thereof, shall 



OHIO SCHOOL LAWS. IIS 



Cincinnati and Toledo Universities. Ch. 14.. 

be kept by the city auditor entirely distinct from all other ^'^^^'^u-e^' 

accounts or affairs of the city, and the moneys shall be kept 

by the city treasurer distinct from other moneys ; and the 

directors shall at all times confine the expenditures within 

the income of the trust estate, property, and funds, and 

shall annually report to the common council a full statem'^nt 

of the accounts and administraton of such trusts. [67 v. 86, 

§B.] 

Sec. 4102- The directors of such university, college, or when board. 

may coater 

institution may, upon the recommendation of the faculty degrees. 
thereof, confer such degrees and honors as are customary in 
universities or colleges in the United States, and such others 
as, with reference to the course of studies and attainments of 
the graduates in special departments, they may deem proper. 
[67 V. 86, § 4.] 

Sec. 4103- The common council of said city may s«t gitaandii 

grounds. 

apart and appropriate, as a site for the buildings and 
grounds of the university, college, or institution so founded, 
any public iirounds of the city not specially appropriat. d or 
•iedicated by ordinance to any other use or purpose, any law 
U) the contrary notwithstanding. [67 v. 8Q, § 5.] 
. Sec 4104. The V)oard of educition of the city may, whenaudhi.w 

tax ma.v b« 

upon the application of said board of directors, assess and levied 
levy a tax on the taxable property of the city not excending 
one tenth of one mill on the dollar valuation thereof, to be ap- 
plied by the board of directors to the support of such univer- 
sity, college, or institution ; and the beard of education shall 
also asMS"? and levy, annvMly, not less than three hundredths nor 
m 'ire than fivehundredth-^ of one miJ.l nn the dollar of sifh valu if ion 
for the ebiahli^hment n.nd nviliit^nant'e of an astronoinicnl oh-^eron- 
iory. in connfction loiih sifh ii,nioersity, college, or in^fifuAi'm,, the 
'proceeds of whi'-h --ihall he jtaid to ihe hoirdj of director, a,yi<l np. 



114 



OHIO SCHOOL LAWS. 



Ch. 14. 



Cincinnati and Tolt-do Universities. 



plied by them for said pvrpose eocdusivdy. [67 v. 86, § 5 ; 75 v. 
133, § 1.] 
Provisions of Sec. 4105- The provisiops of this chapter shall be ap- 

this chapter ap- 

o^So^ "*^" piicable to the city of Toledo, except that the board of direc- 
tors shall consist of thirteen members, and the rate of taxa- 
tion to be assessed and levied shall not exceed one-half of 
one mill on the dollar of the taxable property of said city. 
[70 V. 117, § 1.] 



STATE COMMISSIONER OF COMMON SCHOOLS. 



FROM REVISED STATUTES, PART ONE, TITLE THREE. 
CHAPTER THIRTEEN. 



CHAPTER 13. 



STATE COMMISSIONER OF COMMON SCHOOLS. 



Section 

854. Election, term, and how vacancy 
filled. 

355. Bond. 

356. His office, and his attendance there- 

at. 

357. His duty to visit teachers' institutes, 

etc. 
58. His supervision over school funds 
and school officers. 

359. Shall prepare and transmit forms 

and instructions. 

360. Shall cause school laws, with forms, 

etc., to be printed and distributed. 



Section 

361. Annual report to the general assem - 

bly or governor. 

362. What the report shall contain. 

363. Shall require reports from private 

schools, etc. 

364. His duty on complaint ot fraudulent 

use of money ; appointment of ex- 
aminer. 

365. Powers, duties, and compensation of 

examiners. 

366. Duty of judge and prosecuting at- 

torney. 



Sec. 354. There shall be elected, triennially, at the 
general election for state officers a state commissioner of com- 
mon schools, who shall hold his office for the term of three 
years from the second Monday of January succeeding his 
election ; and in case of a vacancy occurring by death, resig- 
nation, or otherwise, the governor shall fill the same by ap- 
pointment. [70 V. 195, § 102.] 

Sec. 355. Before entering upon the discharge of his of- 
ficial duties, the commissioner shall give bond in the sum of 
five thousand dollars to the state, with two or more sureties, 
to the acceptance of the secretary of state, conditioned that 
he will truly account for and apply all moneys or other 
property which may come into his hands in his official ca- 
pacity, and that he will faithfully perform the duties en- 
joined upon him according to law ; which bond, with his 
oath of office indorsed thereon, shall be filed with the treas- 
urer of state. [70 v. 195, § 103.] 

Sec. 356. The books and papers of his department shall 
be kept at the seat of government, where a suitable office 
shall be furnished by the state, at which he shall give at- 



Commissiouer 
shall be elected. 



Term of office. 



yacaucy ahall 
be filled by ap- 
pointment. 



Hisoffioikl 
bond: 



Andoftth. 



Office, etc., at 
the seat of gov ; 
ernmest. 



118 



OHIO SCHOOL LAWS. 



vState Commissioner of Common Schools. 



His daties in 
Tiaitine the 
aeverar judicial 
districts. 



Sis saperrision 
over sciiool 
fnnds. 



May require re- 
ports from cer- 
tain oflScers. 



Shall prepare 
iorms, etc. 



Duties as to 
distribution of 
school laws, eto 



tendance not less than ten months in each year, except 
when absent on public business. [70 v. 195, § 104.] 

Sec. 357- The commissioner shall visit, annually, each 
judicial district of the state, superintending and encour- 
aging teachers' institutes, conferring with boards of educa- 
tion or other school oflScers, counseling teachers, visiting 
schools, and delivering lectures on topics calculated to sub- 
serve the interests of popular education. [70 v. 195, § 105.] 

Sec. 358. He shall also exercise such supervision over 
the educational funds of the state as is necessary to secure 
their safety and right application and distribution according 
to law. He has power to require of county auditors, boards 
of education, clerks and treasurers of boards of education, or 
other local school oflScers, and county treasurers, copies of 
all reports by them required to be made, and all such other 
information in relation to the funds and condition of schools 
and the management thereof as he deems important. [70 v. 
195, § 106.] 

Sec. 359. He shall prescribe suitable forms and regula- 
tions for making all reports and conducting all necessary 
proceedings under the school laws, and cause the same, with 
such instructions as he deems necessary and proper for the 
organization and government of schools, to be transmitted 
to the local schools ofl&cers, who shall be governed in accord- 
ance therewith. [70 v. 195, § 107.] 

Sec. 360. He shall cause as many copies of the laws as 
are necessary, relating to schools and teachers' institutes, 
with an appendix of appropriate forms and instructions for 
carrying into execution all such laws, to be printed in a 
separate volume, and distributed to each county with the 
laws, journals, and other documents, for the use of the school 
ofl&cers therein, as often as any change in the laws is made 



OHIO SCHOOL LAWS. 119 



State Commissioner of Common Schools. 



of sufficient importance, in the opinion of the commissioner, 
to require a republication and distribution thereof. [70 v. 
195, § 108.] 

Sec. 361. He shall make an annual report, on or before Hisanuuair^ 

port. 

the twentieth day of January, to the general assembly, when 
that body is in session ; and when not in session, the report 
shall be made to the governor, who shall cause the same to 
be published, and shall also communicate a copy thereof to 
the general assembly at the beginning of its next session. 
[70 V. 195, § 109.] 

Sec. 362. In his annual report he shall present a state- whatitabau 

present. 

ment of the condition and amount of all funds and property 
appropriated to purposes of education ; a statement of the 
number of common schools in the state, the number of 
scholars attending such schools, their sex, and the branches 
taught; a statement of the number of private or select 
schools in the state, so far as the same can be ascertained, 
and the number of scholars attending such schools, their 
sex, and the branches taught ; a statement of the number 
of teachers' institutes, the number of teachers attending 
them, and the number of instructors and lecturers, and the 
amount paid to each ; a statement of the estimates and ac- 
counts of the expenditures of the public school funds of 
every description, a statement of plans for the management 
and improvement of* common schools, and such other in- 
form'ation relative to the educational interest" of the state 
as he deems of importance. [70 v. 195, § 110.] 

Sec. 363- He shall, annually, require of the president, shaiireanira 

, „ . , , . reports frons 

manager, or principal of every seminary, academy, and pri- private soiiooia, 

etc. 

vate school, a report of such facts, arranged in such form 
as he prescribes, and shall furnish blanks for such reports ; 
and it is made the duty of every such president, man- 



120 



OHIO SCHOOL LAWS. 



State Commissioner of Common Schools. 



Duties of com- 
missioner on 
complaint of 
fraudulent use 
©f money, etc. 



Appointment of 
an accountant 
to investigate 
charge-s. 



Powers and 
duties of esami- 
ner. 



ager, or principal, to fill up and return such blanks within 
the time the commissioner directs. [73 v. 225, § 1.] 

Sec. 364. When a complaint is made to the state school 
commissioner, in writing, verified by the affidavits of at 
least three freeholders and tax-payers, resident of any school 
district in the state, alleging that they have good reason to 
and do believe that any portion of the school fund of such 
district has been expended contrary to law, or has been 
fraudulently, unlawfully, or corruptly used, or misapplied, 
by any of the officers of such district, or that there have 
been fraudulent entries in the books, accounts, vouchers, or 
settlement sheets thereof, by any of such officers, or that any 
of such officers have not made settlement of their accounts 
as required by law, he is authorized and required to appoint 
some trustworthy and competent accountant, for the purpose 
of investigating such complaint, who shall forthwith visit 
such school district and take possession of all the books, 
papers, vouchers, and accounts of such district, and investi- 
gate the truth of the allegations of such complaint, and the 
condition of the school fund of such district ; and the several 
officers of such school district, on the application of such ex- 
aminer, shall immediately place in his possession all their 
books, accounts, contracts, vouchers, and other papers having 
reference to the receipt and disbursement of the school 
funds; and the county auditor and county treasurer shall 
give such examiner free access to all the records, books, papers, 
vouchers, and accounts in their respective offices having re- 
ference to the object of such investigation. [72 v. 82, § 1.] 

Sec. 365. Such examiner shall have authority to call 
before him forthwith, upon written notice, and examine wit- 
nesses, under oath, to be administered by him ; and he 
shall, immediately after completing such investigation. 



OHIO SCHOOL LAWS. 121 



State Commissioner of Common Schools. 



report in writing, in duplicate, setting forth the condition 

of the books, vouchers, and accounts of such district, the 

amount of school funds received for any and all purposes, 

and from whatever source, the amount expended, and for 

what, and the amount actually in the treasury, one copy of 

which report he shall file in the office of the clerk of the 

court of common pleas of the county in which such district 

is situate, and the other copy he shall transmit to the state ' 

commissioner of common schools at Columbus : and the ex- His compen- 
sation. 

aminer so appointed and performing the duties herein re- 
quired, shall receive as compensation a per diem of three 
dollars for each day necessarily engaged in the performance 
of his duties, and shall also receive five cents for each mile 
by him necessarily traveled in that behalf ; but no mileage 
shall be allowed for a greater distance than from Columbus 
to such district ; and such compensation and mileage shall 
be paid out of the county treasury upon the warrant of the 
county auditor, and if the investigation establish the truth 
of any material allegation in such complaint, then such 
amount so paid shall be assessed by the county auditor upon 
the taxable property of the district, to be collected as other 
taxes are for the use of such county treasurer. [72 v. 82, § 2.] 



Payment there- 



Seo. 366. The judge of the court of common pleas of the Adverse report 

of examiner to 

proper county shall examine the report so filed in the clerk's charge^ to^he 

grantt jury. 

office, as provided m the preceding section of this chapter, 
and if it appear therefrom that any part of the common or 
school fund has been fraudulently, unlawfully, or corruptly 
used or misapplied, or that there has been fraud in any of 
the entries, accounts, vouchers, contracts, or settlements, or 
that the settlements have not been made as required by law, 
or that there appears any defalcation or embezzlement on 
the part of any of the officers of such school district, he shall 



122 OHIO SCHOOL LAWS, 



aey, 



State Commissioner of Common Schools. 



give the report specially in charge to the grand jury at 
the term of the court of common pleas next after the filing 
of the same : and the prosecuting attorney of such county 
^'ting'aftor-^' shall forthwith institute and carry forward such proceedings, 
civil or criminal, or both, against the delinquent officer or 
officers of such district as is authorized by law. [72 v. 82, 
§ 3.] . ■ , 



APPENDIX. 



FORMS AND INSTRUCTIONS. 



[Note. — The following blanks are, in a great measure, the same as 
given in previous editions of the school law, with such revision and 
alterations as conformity with the present law rendered necessary. 
Several of the old forms, having become obsolete, are omitted, and 
a number of new ones, demanded by recent legislation, are added. 
Some modifications and a few new blanks, submitted by Florien Giauque, 
Esq., member of the Cincinnati bar, have been adopted. Credit is due 
J. H. Brenneman, Esq., Chief Clerk in this office, for most of the proof 
reading and aid in the general arrangement of the manual.] 



CHAPTER I.— FORMS FOR SCHOOL DIRECTORS. 

[For enumeration forms, see Chapter III.] 



I. NOTICE OF SUB-DISTRICT SCHOOL MEETING, FOR THE ELECTION OF 

DIRECTORS. 

Notice is hereby given to the qualified voters of sn\)-(li8trict No. , of 



township, county, Ohio, that the next annual school meeting for the election 

of a school director* in said district, will be held at the school-house [or 

usual place] in said sub-district, on Monday, the day of April, 188 — , beginning at 

o'clock in the noon, [at uoou] and closing at o'clock in the noon. 

-, Clerk. 

[The above notice to be posted in three or more consjiicnons places, at, least six days 
prior to the election. Chapter 4, Sections 3916 and 3917.] 

' When two directors are to be elected, one for three years, and one to fill the unex- 
pired term of a director who has vacated bis office, ibis fact should be stated in ib« 
notice. 



126 



OHIO SCHOOL LAWS. 



n. TALLY SHEET 

Of the election held in sub-district number , in the township of 

county of , and State of 



-, iu the 



-, on Monday, the day of April, in the 



year A. D. 18 — , to elect a director for said sub-district. 



Names of candidates. 


Tallies, showing number of votes given for each 
candidate. 


Ibtal. 





































































































We Certify 
That 
That 
That 

That 

That 

And that 



had 
had 
had 
had 
had 



had 



votes, 
votes, 
votes, 
votes, 
votes, 
votes, 



for director of said sub-district, at the election above mentioned. 

, Chairman, 

■, Secretary, 

Judges. 

[The poll-book and tally-sheet must be signed, and delivered within five days to the 
clerk of the township. Chapter 4, Section 3917.] 



IIL NOTICE OF SPECIAL SCHOOL MEETING. 
Whereas, the qualified voters of sub-district number , 



, township, 

county, Ohio, failed to meet and elect a school director on the second Monday 

of AprU, 188 — , as prescribed by law ; 

Therefore, we, the undersigned qualified voters of the sub-district aforesaid, do hereby 
give notice that a special meeting of the qualified voters of said sub-district for the elec- 
tion of a school director,* will be held at the school-house [or usual place] of said sub- 
district on the day of , 188 — , from o'clock in the noon, [at noon] 

to o'clock in the noon. 



Chapter 4, Section 3919. 



^ S«e note to form No. I. 



OHIO SCHOOL LAWS. 127 

IV. MINUTES OF SUB-DISTKICT SCHOOL MEETING. 

Sub- District No. , 

Township, County, Ohio, 

At a meeting of the qualified voters of said sub-district, held on the second Monday 
of April, 188 — , [^or, if a special meeting, give other daie^ was appointed chair- 
man, and secretary. 

Whereupon, said voters proceeded to elect by ballot, one director for said sub-district, 

for the term of three years [and one director for year, to fill the unexpired term 

of ] ; and upon inspection of the several ballots given at said election, it 

was found and publicly declared, that was duly elected [for the full term, 

and for the unexpired term] 

, Chairman, 

, Secretary, 

Note. — The clauses in brackets may be omitted when only one school director is electsd. 
[See note to form No. II.] 

V. CERTIFICATE OF ELECTION OF SCHOOL DIRECTORS. 

, , 188-. 

To the Clerk of Township, County, Ohio : 

This is to certify that at a meeting of the qualified voters of sub-district number , 

township, held on the aecond Monday of April, 188 — , [or, if special meeting, 

give oilier date'] was elected school director, for the term of three years. 

Witness ray hand. , 

Clerl< of Sub-District No. . 

VL OATH OF SCHOOL DIRECTOR. 

Oa the day of , I85 — , personally appeared , and I then and 

there administered to him the following oath lor affirmation^ : 

You, , do solemnly swear [or affij-m'\ ^hat you will support the constitu- 
tion of the United States, and the constitution of the State of Ohio, and that yon will 
faithfully and impartially discharge the duties of director, in and for said sub-district, 

number , township, county, Ohio, according to law, and the best 

of your abilities. 

Director in said Suh-District. 

VIL APPOINTMENT OF SCHOOL DIRECTOR. 

, , 188-. 

Whereas, , one of the directors in sub-district number , 

township, county, Ohio, has resigned, Idied, or refused to serve, or no specnal 

election was held, etc., as the case may &e.] 

Therefore, I do appoint director in said sub-district, who shall hold his 

office until the time of the next annual meeting, and until his successor is elected and 
qualified. 



CUrk of said Township. 



128 OHIO SCHOOL LAWS. 

VIII. MEETING OF SCHOOL DIRECTORS. 

, , 188—, 

The school directors of sub-district number township, coanty, 

Ohio, this day met at , and legally qualified by taking the requisite oath of office. 

Whereupon was appointed clerk of said sub-district. 

On motion, it was voted to employ as teacher, at | per month, and 

that the next term of school commence, etc. 



S^ih-District Clerk. 



IX. CONTRACT BETWEEN DIRECTORS AND TEACHERS. 

This memorandum of agreement, made the day ot , eighteen hundred and 

eighty , between a school teacher, of the one part, and , 



and , as schi^ol directors of sub district number 



towuship, county, Ohio, of the other part: 

Witnesseth, that said agrees to teach the public school of said sub-dis- 
trict for the term of weeks, commencing on the day of , eighteen 

hundred and eighty , for the sum of per ; and that for said services 

properly rendered, said and , as directors aforesaid, are then 

and there to certify in favor of s^id for the ansonnt (if wages doe him, as 

ascerraineu by this article of agreement. 

Witness onr hands. 



Direi'tors. 

X. CERTIFICATE FOR TEACHER'S PAY. 

To the Clerk of Township, Counly, Ohio : 

This is to certify, that , under a contract duly made and entered into, 

taught a common school in sub-district number , of said township, from the 

day of , 188 — , to the day of , 188 — :, in all weeks, at 

per month ; and that there is due him for said service the sum of . 



THrectars. 

XI. CONTRACT FOR FUEL, REPAIRS, p:TC. 

This memorandum of an agreeme^nt, made this day of , eighteen hundred 

and eighty , between , of the one part, and , 



and , as directors of sub-district, number , tr)wnphip, 

county, Ohio, witnesseth : That said agrees to deliver at the school- 
house in said sub-district, on or before the — day of next, bushels of coal 

or cords of wood] of a good quality, at cents per bushel, or $ per cord. 



OHIO SCHOOL LAWS. 129 

And said — - — , — — — and , as trustees as aforesaid, are then and thereupon to 

certify in favor of said , for the sam due for said fuel. 

Witness onr hands, etc. 



Direcio7'S. 

Note. — All contracts made under section 3987, chap. 8, of the school law must be re- 
ported to the township board at their next meeting. 



XII. CERTIFICATE OF AMOUNT DUE FOR FUEL, ETC. 

To ike Board of Education of— Township, — County, Ohio : 

This certifies that has delivered at the school-house in sub-district num- 
ber , township, bushels of coal, under a contract duly made and ea- 

tered into, and that there is due him on said contract the sum of $• . 

Witness our hands. 



Directors, 

XIII. DISMISSAL OF TEACHER. 

Whereas, it has been represented to us [or we have found] that — — — , who 

lias been employed and is now engaged in teaching a school in sub-district number 

, township, — — - county, is negligent (or here insert any other sufficient 

cause) as such teacher. And, whereas, we have become satisfied of the truth of said 
representation : 

Therefore, said is hereby dismissed as teacher as aforesaid. 

Witness our hands, — — — — , 188—. 



Directors, 

Or : Whereas, we have been required by the board of examiners of county, to 

dismiss — — , now engaged as a teacher in sub-district number , 

township, and county aforesaid, for the following causes : 

(Here set forth the causes :) 

Therefore, said — is hereby dismissed as teacher as aforesaid. 

Witness our hands, — -=— — — — j 188 — . 



Directors. 



130 OHIO SCHOOL LA.WS. 

XIV. VISIT TO SCHOOL. 
This day tbe ttndersigned, local directors in sub-district number 
ahip, county, Ohio, in company with and — ^ 



were invited for the purpose, visited the school in said sub-district, taught by 

, aid the following was the result of the examination and visit: 

They found, etc. iHere set farth the opinion as to the management of the school, etc.) 



Directors. 



CHAPTER II.— FORMS FOR TOWNSHIP BOARDS OF EDUCA- 

TION. 

XV. NOTICE OF MEETING TO VOTE A TAX FOR BUILDING PUEPOSES. 

Notice is hereby given by the board of education of township, — — — county, that 

there "will be a special meeting of the qualified voters of said township at , on the 

day of , at — - — ^ o'clock — -., to consider the question whether a tax of 

■ hundred dollars shall be levied upon the taxable property of said township to 

purchase a school-house site and to build and furnish a school-house [_or for either of these 

purposes as the ease may &e] in sub-district — of said township, the erection of the 

school-house being, in the opinion of the board, necessary, and the rate of tax which the 
law authorizes the board to levy being insufficient for the purpose. 

By order of the Township Board, 

■ — — ' , ClerJe, 

, 188—. 

[Chap. 8, Sec. 3991.] 

XVI. NOTICE OF SPECIAL MEETING OF TOWNSHIP BOAKD. ■' ": 

Notice is hereby given that there will be a meeting of the board of education of =-' 

township, — county, on the day of at o'clock — . — ., at , 

to consider the question of , and other business which may be considered necessary 

to transact. 

— - — , - — - — Cleric, 

, 18&— , 

XVII. CERTIFICATES OF ANNUAL ESTIMATES. 

io the Auditor of County : 

It is hereby certified by the board of education of — township, county, that 

the entire amount of money necessary to be assessed on the taxable property of said 
township, and expended therein, for school and school-house purposes, during the next 

school year, as directed in chap. 6, sec. 3958, is dollars, as follows : 

For continuing sub-district schools $ 

For incidental or contingent expenses ... ..................... 

For building purposes ......... .........^.,.. 

For payment of teachers in central township school .... 

Total , 

By order of the Township Board, 

_ , 188—, ' 



OHIO SCHOOL LAWS* 131 

XVIII. CERTIFICATE OF ANNUAL ESTIMATES FOR JOINT SCHOOL. 

To the Auditor of County : 

It is hereby certified by the board of education of township, 



county, having charge of the school in joint sub-district number , composed of 

parts of and townships, that the amount of money necessary to be 

assessed on the taxable property of said townships, to pay the expenses of said joint 

school during, the next school year, as directed in chap. 0, sec. 3961, is dollars, as 

follows : 

■ — TOWNSHIP. 

For continuation of joint school $ 

For payment of all other expenses 

Total $ 

TOWNSHIP. 

For continuation of joint school $ 

For payment of all other expenses 

Total $ 

The number of youth enumerated in September last, in the respective parts of the 

townships included in said joint sub district, was as follows : township, 

township, ; total . 

By order of the Board of Township. 

, Cleric. 

, 188—. 

Note. — In case the townships having territory in a joint sub-district are situated in 
different counties, a copy of the above certificate of estimates should be sent to the 
auditor of each county. 



XIX. DIFFERENT MODES OF ALTERING SUB-DISTRICTS. 

1 

Resolved iy the Board of Education of Totvnship, That so much of sub- district 

number — as is bounded as follows : (describe boundary), be transferred and united with 
sub-district number — . 

2 

Resolved by the Board of Education of Toivnship, That sub-district number — 

is hereby abolished, and so much of the territory of said abolished sub-district as is 
bounded as follows ; (describe boundary), is hereby transferred to and united with sub- 
district number — ; and so much of said abolished sub -districts as is not herein united 
with snb-district number — , is transferred to and united with sub-district number — . 
This resolution shall take effect on the day of , 18 — , 



Resolved by the Board of Education oj Township, That so much of sub-district 

number — as is bounded as follows: {describe boundary), be cut off from eaid sub-district, 
and that so much of sub-district number — as is bounded as follows : {describe boundary,) 



132 OHIO SCHOOL LAWS. 

be cat oS from said sub-district, and tbat tbe territory thus cut off from sub-districts 
number — and — respectively, is hereby consolidated and formed into a new sub- 
district and designated sub-district number — of township. 

Eesolved iy the Board of Education of Totvnship, That sub-districts number 

— and — are hereby abolished, and that the territory included in said snb-districts at 
the time of their abolishment is hereby consolidated and formed into a new sub-district, 

and designated sub-district number — of township. This resolution shall 

take effect on the day of , 18 — . 

Note. — When a new sub-district is formed the townshii; board shoTild call a meeting 
of the qualified voters to elect local directors. [Chapter 4, section 3922.] 

XX. NOTICE OF ELECTION IN A NEW SUB-DISTRICT. 

Whereas, The board of education of township, county, did, at 

their last regular meeting, the third Monday of , abolish sub-district number 

— (or sub districts number — and — ) and form from the territory of said sub-district, and 
so much of sub-district number — as is bounded as follows : (describe boundary), a new 
sub-district, to be known as sub-district number — : 

Therefore, notice is hereby given to the qualified voters of said sub district, thus or- 
ganized and designated, that a meeting for the electioa of three school directors will be 

held at on the day of , from — o'clock to — o'clock ., said 

election to be conducted as prescribed in chapter 4, section 3922. 

By order of the Township Board. 

, Cleric. 

, 18-. 

Note. — Of the persons elected at such special meeting, the person receiving the high- 
est number of voles will hold his office until the third annual election thereafter; the 
person receiving the nest highest number until the second annual election ; and the 
person receiving the next highest number until tbe first or next annual election. 

XXI. ORGANIZATION OF A JOINT SUB-DISTRICT SCHOOL. 

RESOLUTION OF BOARD TRANSFERRING TERRITORY. 

Sesolved by the Board of Education of Township, That so much of snb-dis- 

trict number — as is bounded as follows : {describe boundary), is hereby transferred, if the 

board of education of township concur in such transfer, to the said township 

for school purposes, to form with so much of said township as is bounded as follows : 
{describe boundary), a joint sub-district, the school-house therein to be situated in said 
township. 

RESOLUTION OF THE BOARD RECEIVING THE TERRITORY TRANSFERRED. 

Eesolved, That the board of education of township hereby concurs in the 

action of the board of education of township transferring so much of said 

township as is bounded as follows : {describe boundary), to this 

township for school purposes, to form with so much of the territory of this 

township as is bounded as follows : {describe boundary), a joint sub-district with school- 
house in this township. 

Note. — In case the sub-district is formed temporarily, or for a definite number of years, 
a clause to that effect should be added to each of the al30ve resolutions. 



OHIO SCHOOL LAWS. 133 

XXII. PETITION TO BOIED OF EDUCATION. 
[To be placed on file by the clerk of tihe board.] 
To the board of education of township, [direct.] 

, 18-. 

Gentlemek' : We, the undersigned electors, residing in the territory hereinafter 
scribed, do hereby most respectfully pray your honorable body to establish a joint sub^ 
district embracing the territory bounded as follows : (describe the boundaries and set forth 
reasons causing this petition.) 

And thus the undersigned shall ever pray, etc. 



[Chapter 5, sections 3931 and 3932.] 

XXIII. CLERK'S NOTICE TO MEMBERS OF BOARD. 



18—. 



-, electors and residents of sub district, or [districts], number — , 



DeakSik: You are hereby notified that a petition signed by 



township, or [townships], has been presented and filed, i)raying for the erec- 
tion of a joint sub-diatrict, to comprise the territory bound as follows : (describe the 
boundaries.) 

The board will meet on , the — of , 188 — , at o'clock , 

for the purpose of considering the prayer of the petitioners. The presence of every mem- 
ber is desired. 

, Clerk. 

[Chapter 5, section 3933.] 

N. B. A notice, like to the above, with a slight change required, must be sent "to 
the clerks of all other boards of education having jurisdiction over any of the territory 
sought to be affected ; and such clerks, upon the receipt of such notice, shall in like 
manner give notice forthwith of the filing of such petition, and of the time and place of 
meeting to each member of their respective boards. [Chapter 5, section 3933.] 

XXIV. PETITION TO PROBATE JUDGE. 

, 188—. 

Hon. , Probate Judge of county, State of Ohio : 

Dear Sir : — We, the undersigned petitioners and electors, residents in the territory 
hereinafter described, do hereby most respectfully pray and petition you to appoint 
three judicious, disinterested men of — county, and not residents of the town- 
ship [or townships or districts] to be affected by this petition, to consider the creation 
of a joint sub-district embracing the territory bounded as follows: [describe the 
boundaries.] 

And thus we shall ever pray, etc. 



[Chapter 5, sections 3934 and 3938.] 



134 OHIO SCHOOL LAWS. 



Mr. 



XXV. APPOINTMENT OF COMMISSIONERS BY PROBATE JUDGE. 

, 188 -. 



Dear Sir: — By virtue of Buthority conferred by school law, [chapter 5, section 3938] 
and in response to a petition on file in this office, I hereby name and appoint you a com- 
missioner to consider the prayer of the petitioners — a copy of which petition will be 
laid before you — and you are hereby notified and directed to meet the other two com- 
missioners, appointed for a similar purpose, on the day of , 

188 — , at o'clock at the school-house in sub-district No. , town- 
ship, county, [if not at school-house then designate the place] to consider 

the expediency of creating a joint sub-district, and report to this office the result of 
your deliberations. 

, Probate Judge. 



XXVI. REPORT OF COMMISSIONERS. 



188—. 



Hon, , Proiate Judge of County, Ohio : 

Dear Sir: — We, the undersigned commissioners, acting under your appointment and 

instructions dated the day of , 188 — . respectfully report that we met 

agreeable to notice and after due deliberation and consideration of facts have granted 
Irefuse, as the case may &e] the prayer of the petitioners, and have [not] established a joint 
sub-district, a plat and boundaries of which are hereby submitted, and have designated 
a site for a school-house [if there is no school-house within the boundaries given.] 



Commissioners. 
[Chapters, section 3941.] 

Note :— Forms XXII, XXIII, XXIV, XXV, XXVI, may easily be varied to apply to 
the " creation of an additional sub-district, or for changing the lines of sub-districts, or 
for the creation of a special school district, or for changing the lines of special or village 
districts, and adjoining sub-districts." [Chapter 5, section 3946.] 



XXVII. ASSIGNMENT OF SCHOLARS TO CENTRAL HIGH SCHOOL. 

The board of education of township, county met this day and 

assigned the following scholars to the Central High School : 

From sub-district No. : 

A.B. 
CD. 
Etc. 

From sub- district No. : 

E. F. 
G. H. 
Etc, 
(The assignvient from each sub-district being specified in like maimer.) 

By order of the Township Board, 

, Clerh. 



OHIO SCHOOL LAWS. 135 

XXVIII. APPOINTMENT OF LIBRARIAN. 

, 188— 



The board of educatiou of towneliip, county, lias tliis day 

appoint&d to act as librarianj and to take charge of tlie school apparatus of 

said township, for the term of year. 

By order of the Board, 



XXIX. BOND OF LIBRARIAN.* 

Know all men by these presents, that we, and , are held and 

bound unto the State Ohio in the sum of hundred dollars, for the payment of 

which we jointly and severally bind ourselves, our and each of our heirs, administrators 

and assigns. Sealed with our seals this day of , eighteen hundred and 

eighty — . 

The condition of this obligation is such, that whereas, the board of education of 

township, county, on the day of , eighteen hundred 

and eighty — , appointed and authorized said to act as librarian and to take 

charge of the school apparatus in district No. of said township. 

Now, if said shall faithfully, honestly, and impartially, and in accordance 

with such rules and regulations as may, from time to time, be prescribed by said board, 

discharge his duty under and by virtue of said appointment, for the term of year, 

and until his successor shall be duly appointed, then his obligation shall be void. 

, [SEAL,] 

— , [SEAX.] 

Attested : 



XXX. ORDER ON TOWNSHIP TREASURER FOR TEACHER'S PAY. 

No. . 

To the Treasurer of Totvnehip, County, Ohio : 

Pay dollars for services as teacher in sub-district number , of 

said township, from , 188—, to , 188—, in all weeks, at 

per . 



Township Clerk. 

$ . 

Received on the above order, — — -, , 188-, of , Township Treas- 

tirer, the sum of dollars. 

, Teacher. 



*Thi8 bond is authorized but not re<iuired by law. 



136 OHIO SCHOOL LAWS. 

XXXI. ORDER ON TREASURER OTHER THAN FOR TEACHER'S PAY. 

, 188—. 

No. . 

To the Treasurer of Township, County, Ohio : 

Pay , or order, dollars, for (specify for %vhat purpose the money is 

paid) from the contingent school fund {or from the school building fund.) 

By order of the Township Board. 

, Clerk. 

$ . 

Received on the above order, , , 188—, of , Township Treas- 
urer, the sum of dollars. 



XXXIl. FORM OF DEED. 

This Indenture, made the day of , one thousand eight hundred and , 

between and his wife, of the county of , in the State 

of Ohio, parties of the first part, and , as township board of education of 

the township of , county and State aforesaid, party of the second part, wit- 

nesseth : That the said parties of the first part, in consideration of to them 

duly paid before the delivery hereof, have bargained and sold, and by these presents do 
grant and convey, to the said party of the second part, its successors and assigns forever, 
\_here describe the premises'], with the appurtenances, and all the estate, title, and interest 
of the said parties of the first part therein. And the said parties of the first part do 
hereby covenant and agree with the said party of the sf 5ond part, that at the time of 
the delivery hereof the said parties of the first part were the lawful owners of the 
premises above granted, and seized thereof in fee simple absolute, and that they will 
warrant and defend the above granted premises in the quiet and peaceful possession of 
the said party of the second part, and its successors and assigns forever. 

In tcitness tvhereof, the said parties of the first part have hereunto set their hands and 
seals, the day and year first above written. 

Sealed and declared in presence of . [seax.] 

■ . [8EAX.] 



The State of Ohio, County : 

Personally appeared before me, and his wife, grantors in 

the above deed, and acknowledged the same to be their voluntary act and deed ; and the 

said being at the same time examined by me, apart from her said husband, 

and the contents of the above deed made known to her, she there declared that she vol- 
untarily signed, sealed, and acknowledged the same, and that she is still satisfied there- 
with. 

Witness my hand and seal, this day of , A. D. 188 — . 



Note. — The board should carefully investigate the title to property before purchasing, 
and no school-house should be erected until a satisfactory title is obtained. The property 
should be declared in the corporate name of the "Township Board of Education," and 
not in the name of the directors. 



OHIO SCHOOL LAWS. 1B7 

XXXIII. FORM OF LEASE. 

This Indenture, made the day of , one thousand eight hundred and , 

between , of the county of , in the State of Ohio, of the first part, 

and the township board of education of the township of , county and State 

aforesaid, of the second part, witnesseth : That the said party of the first part, for the 
consideration hereinafter mentioned, has demised, granted, and leased, and does hereby 
demise, grant, and lease, unto the said party of the second part, its successors and as- 
signs Ihere describe the premises'}, with all the privileges and appurtenances thereunto 
belonging. To have and to hold the said demised premises, with the appurtenances, 

for and during the term of from the day of ; and the said party 

of the second part, for itself and its assigns, agrees to pay the said party of the first 
part, for the said premises, the annual rent of dollars, in quarter yearly install- 
ments, on the day of , respectively. 

In testimony whereof, the said parties have hereunto set their hands and seals, this 

day of , A. D. 188—. 

In presence of , [seal.] 

, [seal.] 

Chairman of the Board. 

, [seal.] 



Cle/rh. 
State of Ohio, County : 

Before me personally appeared , grantor in the above instrument, and 

acknowledged the same to be voluntary act and deed, for the uses and purposes 

therein mentioned. 

In testimony whereof, I have hereunto subscribed my name, this day of , 

A. D. 188—. 

Note. — If the lease be for three years or more, it must be acknowledged, attested by 
two witnesses, and recorded. If for a less term, it need not be executed with these 
formalities. The time of paying rent may be filled up according to contract. The con- 
sideration may be money, or anything else, and the form varied accordingly. 



138 



OHIO SCHOOL LAWS. 



CHAPTER III.— ENUMERATION FORMS. 

XXXIV. ENUMERATION OF YOUTH IN SUB-DISTEICTS. I. 

Enumeration of youth between the ages of six and twenty-one years, residing in sub- 
district number — — , township, county, Ohio. 



Names of parents or 


Names of white youth. 


No. of section in 


guardians. 


Male. 


Female. 


which youth reside. 




























Names of colored youth. 











RECAPITULATION. 



Number of white youth Male, ; female, ■ ; total, 

Number of colored youth Male, — — ; female, ; total, 



We hereby certify the above to be a correct list of the white and colored youth in sub- 
district number , township, county, as taken between the first and 

third Mondays of September, 188—. 



Birectors. 



Note. — This form is to be used in taking the enumeration of youth in sub- districts, 
no part of which is in the Virginia Military District, the United States Military District, 
the Western Reserve, or an original surveyed township or fractional township to which 
belongs section sixteen. 



OHIO SCHOOL LAWS. 



139 



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OHIO SCHOOL LA.WS. 



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0.22 - 



- ® o E 



OHIO SCHOOL LAWS. 



141 



Number in 

Connecticut 

Western 

Eeserve. 






Number in 
United 

States Mili- 
tary District. 






Number in 
Virginia 
Military 
District, 






Whole number of 
white and colored 
unmarried youth, 

of both sexes, 
between the ages 
of 6 and 21 years 
in each township. 






S3 
O 

_o 
o 

o 
6 


^ 2 

to 






XI 

® 

a 
® 






CD 


' ' ' I ' 1 ■ i I i 1 . • ! I 




4 

O 
« 

(4-1 

o 

o 


1^ 






a 
® 


I 1 1 1 I 1 I 1 1 . 




CO 

Is 








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CD 'E^ 
■ r-( (£ 

s-^ 

tM IE 
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1^ 
CO Oj 

^ f 

CQ 




CD 

o 

H 



1^ 



142 OHIO SCHOOL LAWS. 

XXXVIII. TOWNSHIP TREASURER'S BOND. 

Know all men iy these presents : That -we, , as principal, and 

■ as sureties, are held and firmly 



bonnd unto the state of Ohio, in the sum of dollars, to be paid 

to the state aforesaid, for the payment whereof well and truly to be made, we jointly and 
severally bind ourselves, our heirs, executors and administrators firmly by these presents. 

Sealed by our seals, and signed by us this day of A. D. 

eighteen hundred and . 

The condition of the above obligation is such that, Whereas, the said 



has been duly elected and qualified as treasurer of Township, 

" county, and state of Ohio, for the term of one year from the 



day of April A.D., 18 — , and until his successor is elected or appointed, and qualified, and 

is therefore ex-ofificio treasurer of the board of education of the township district of said 

township. 

Now, if the said shall faithfully disburse, according to law, all 

school funds which come into his hands, then this obligation will be void ; otherwise it 

will be and remain in full force and eJffect. 

[ SE AL. ] , 

[SEAi.] , 

[ SEAL. ] . 

The above bond approved by said board. 
Attest : 



President of said ioard. 



Clerk of said ioard. 

The state of Ohio, — : county, — ■■ township, ss. : 

Before me, , clerk of said township, personally came , 

who, being duly sworn according to law, says that he will support the constitution of 
the United States, and the constitution of the state of Ohio ; and that he will faith- 
fully discharge his duties as treasurer of the board of education of the township district 

of township, county, Ohio, during his continuance in said office, and 

until his successor is chosen and qualified. 

> 
Sworn to before me and signed in my presence, on this day of , A.D., 18 — . 



Township Clerk, 
XXXIX. CERTIFICATE OF TREASURER'S BOND. 
Tq the avMtor of county : 



18—. 



It is hereby certified that ■ — has executed and filed with me a bond for the 

faithful disbursement, as a treasurer of township, county, of all school 

funds that may come into his hands as such treasurer ; which bond, dated April — , 18 — , 
is in the penalty of dollars, and has been approved by the trustees of said town- 
ship. 

> 
Cleric of said townahip. 

Note. — The above can be altered bo as to apply to the bond of the treasurer of a sep- 
arate school district. 



OHIO SCHOOL LAWS. 143 

XL. TREASURER'S BOND. 

Know all men hy these presents : That we, ■ ■ -, as principal, and 

as sureties, are held and firmly 



bound unto the state of Ohio, in the sum of • dollars, to be paid 

to the state aforesaid, for the payment whereof well and truly to be made, we jointly and 
severally bind ourselves, our heirs, executors and administrators firmly by these presents. 

Sealed with our seals, and signed by us this • ~ day of , A. D. 

eighteen hundred and . 

The condition of the above obligation is sach that, Whereas, the said 

has been duly chosen and qualified as treasurer of the board of education of the* 

district of , in township, '" county, and state of Ohio, fo r 

the term of one year from the — day of April, A. D. 18 — , and until his successor is 

chosen and qualified. 

Now, if the said shall faithfully disburse, according to law, all 

school funds which come into his hands, then this obligation will be void ; otherwise it 
will be and remain in full force and effect. 

[seal.] ■ , 

[seal.] — , 

[seal.] * = 

The above bond approved by aaifi board. 
Attest : 



President of said hoard. 



Clerk of said board. 

The state of Ohio, eounty, — — ^— — township, 88. : 

Before me, t , personally eame , who, being duly sworn, 

according to law, says that he will support the constitution of the United States, and the 
constitution of the state of Ohio ', and that he will perform faithfully his duties as streas- 

urer of the board of education of the * district of , in township, 

— — — county, Ohio, during his continuance in said office, and until his successor is 

chosen and qualified. 

> 

Sworn to before me and signed in my presence, on this — — ~- day of A. D., 

18—. 



of said board. 



XLI. CLERK'S BONDS. 



Know all men by these presents : That we, -^ as principal, and 

as sureties, are held and firmly bound 



unto the State of Ohio, in the sum of — dollars, to be paid to the 

state aforesaid, for the payment whereof well and truly to be made, we jointly and 



* Here write "village" or " special," as may be. 

tThe oath maybe administered by the clerk of the board, or any of its members. 
Here write (using correct name) " A. B., clerk (or, a member) of the board below named." 



144 OHIO SCHOCL LAWS. 

severally bind ourselves, our heirs, executors and administrators firmly by these presents. 

Sealed with our seals, and signed by us this day of A. D. eighteen 

hundred and — . 

The condition of the above obligation is such that, whereas, the said 

has been duly chosen and qualified as Clerk of the Board of Education of * 



District of , in township, county, and State 

of Ohio, for the term of one year from the day of April A. D. Id — , and until his 

successor is chosen and qualified. 

Now, if the said shall faithfully perform all the official duties 

required of him as Clerk of said Board, then this obligation will be void : otherwise it 
will be and remain in fall force and effect. 

[seal.] , 

[seal.] , 

[seal.] . 

The sureties on the above bond, and its amount, approved by said Board. 
Attest : 



President of said Board. 



Clerk of said Board. . 

The State of Ohio, County, ■■ ToicnsM]}, ss. .• 

Before me, t personally came ■ — — j who, 

being duly sworn according to law, says that he will support the Constitution of the United 
States and the Constitution of the State of Ohio ; and that he will faithfully discharge 

his duties as Clerk of the Board of Education of the * District of , 

in Township, County, Ohio, during his continuance in said office, 

and until his successor is chosen and qualifit-d. 



Sworn to before me and signed in my presence, on this day of A. D. 

18—. 



-of said Board. 



XLII. TOWNSHIP CLERK'S BOND. 

Know all men l)y these presents : That we, as principal, and 

as sureties, are held and firmly bound unto the 



State of Ohio, in the sum of dollars, to be paid to the state aforesaid, 

for the payment whereof well and truly to be made, we jointly and severally bind our- 
selves, our heirs, executors and administrators firmly by these presents. 

Sealed with our seals, and signed by us this day of A. D. eighteen 

hundred and — . 

The condition of the above obligation is such that, whereas, the said 

has been duly elected and qualified as Clerk of Township, 



* Here write " village " or "special," as may be. 

t The oath may be administered by the outgoing Clerk of the Board, or by any of its 
members. Here write (using correct name) " A. B., Clerk (or, a member) of the Board 
below named. 



OHIO SCHOOL LAWS. 145 

Countyj and State of Ohio, for the term of one year from the day of April A. D. 

18—, and until his successor is elected, or appointed, and qualified, and is therefore ex- 
officio Clerk of the Board of Education of the township district of said township. 

Now, if the said shall perform faithfully all the official 

duties required of him as clerk of said Board, then this obligation will be void; other- 
wise it will remain in full force and effect. 

[SEAL.] 

[seal ] 

[seal.] . 

The sureties on the above bond, and its amount, approved by said Board. 

Attest : 

President of said Board. 

Cleric of said Board. 

The State of Ohio, County, Township, ss. : 

Before me, , Clerk of said Township, personally came 

, who, being duly sworn according to law, says that he will support the 

Constitution of the United States and the Constitution of the State of Ohio ; and that 
he will faithfully discharge his duties as Clerk of the Board of Education of the Town- 
ship District of Township, County, Ohio,' during hia continuance 

in said office, and until his successor is chosen and qualified. 

Sworn to before me and signed in my presence, on this day of A. D. 

18—. 

Township Clerk. 

XLIII. REPORT AND CERTIFCATE OJ^ SCHOOL FUNDS IN TREASURY. 

We hereby report and certify that we this day, in the presence of the clerk of the 

board, counted all the money, bonds and securities in the hand of , Treasurer 

of township [or disiricfi and find the sum of dollars 

[and bonds and other .securities amounting to dollars] of school funds in hia 

possession. 

In accordance with the above facts, and in cnnipliance with law, we hereby certify 

that the said sum of dollars [and bonds, etc., in value amounting to 

■dollars] school funds were in the treasury on this day of , 188 — ; and 

that we have directed the clerk to enter upon the records of the board a copy of this 
repor 

(Signed.) 



Board lor Committee.'] 



Atfesi 



, President. 

, Clerk. 

[Chapter 10, seo!io!-, WV.] ] 

10 



146 



OHIO SCHOOL LAWS. 



XLIV. FINAL EECEIPT OF TOWNSHIP TREASURER. 



Received, 



-, 188— of 



-, late treasurer of 



county, the following moneys and school property, to-wit : 

being part and parcel of the fund, also, etc. 



township, 
— dollars. 



Treasurer. 



XLV. FINAL RECEIPT OF TOWNSHIP CLERK. 



Received, 



-, 188—, of 



-, late clerk of 



township, 



the school money account-book, the record book of the township board, the copy of 
the school laws, the certificate and reports of teachers required by law to be fi.led in bis 
office, and the other ofScial books and papers relating to schools, in his hands. 



Clerk o/ said Board. 



[Chapter 10, section 4054.] 



Note. — The incoming clerk should be specially careful to receive all the books and 
documents specified in the above receipt. This form can readily be altered to answer 
for any other district. 



OHIO SCHOOL LAWS. 



147 



® 



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s ® 
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1 






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s^i.- 


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2iS 


MMM:; MitKlKi'J J 










•98v 


ao -o ?c as ire o t- ->> -r oo ^ 


in o 


i| 

ftcS 


Names of pupils. 

Charles Ames.. 
Willis Ames .. . 
John Brown .. . 


|i s^UU 


® 


o 2 ^ S - §^ is 




5 
^ 

5 


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o a fc- ja K^**-! tH 



148 



OHIO SCHOOL LAWS. 



XLVII. TEACHER'S 



Term Register of Sub-District School No. 
For the term commencing 



















— Term 


OF 




1 

Names of pupils. 


< 


"o 
o 

t 

+s 

■A 
e 

a 
a< 

A 
% 

% 

Q 


£ 

50 
V 

u 

p4 

CD 
>s 
cS 

O 

d 


d 
« 

CD 

§» 
n3 

5m 

O 

d 

12; 


1 
a 


Branches 


i 


Pupils enrolled previous t 
(See " Direction" 4.) 


a 
< 




• l-C 

t 

02 


ise 

a 

1 




Male. 










1 

! 

X ! 


. 










































































■ 








1 




















1 






























1 



























































j 


















L.-.j.... 






















































1 


















' 




































1 ! 
































' 
























































































i 


__ 






















j 














1 








1 


, 










1 . 








1 








' 












1 


1 










\ 














' 






^ 








, 












1 Totals 




: I 










! i 













DIRECTIONS TO TEACHERS. 

1. Xavies of pupils. — Arrange the names of pupils in alphabetical order. wiTh at least 
one blank line between the names of the tTvo sexes. 

2. Days present. — Write in this colnmn the number of days eacli pnpil was in attend- 
ance during the year. 

3. Day>! aisent. — Eeport only the number of days the pupil was absent while a mem- 
ber of the school. Do not count the days before he entered nor afier he was withdrawn. 

4. Pupils enrolhd previous term. — If th- report !.-( made for tho spctMid or hnal term of 
the school year, place a check-mark (s) in ibis colinnu oppo.siie llie naiues of all pupils 
enrolled the previous term. If the report is made for the lir.-tt *eun t.f the school year, 
tkis column is not to be filled, .since the " previous term " in that case woidd not be in 
the cu)Tent year. 



OHIO SCHOOL LAWS. 



149 



TERM REGISTER. 



18 — , and endinp^ 
School Year. 



-, Township, 



County, Ohio. 

, 188—. 



of study pursued. 


Remarks. 








1 

-a 

1 

1 
n 


® 

a 

1 
g 
•s 


1^ 

O 


. 
u 

g 
a 

1 
■bjo 
a 


i 

on 

5 


O 

a 

o 
O 


1 


6 

•E5 

a 

IS 

o 
o 


1 

a 


i 
5 


General summary. 






No of pupils enrolled. 




Male. 


Female. 


Total. 


• - .. 


... . 


.. .. 




.... 


.... 





• «<■ • 


.... 


.... 






.... 


— 


.... 


.... 







.... 


.... 


.... 


.... 




























No enrolled previous 
























term. (For 2d term.) 
























Male. 


Female. 


TotaL 


































































































Average daily attend'ce. 














































Male. 


Female. 


Total. 


























.... 












.... 












- 1 


.... 














































Average daily absence. 
























Male. 


Female. 


TotaL 
























.... 


.... 


.... 


.... 




.... 


.... 


.... 


.... 


.... 















.... 


---• 




.... 


.... 


— 


.... 


.... 




Average age of pupils. 
























...» 




.... 


.... 
















Male. 


Ferns le. 


TotaL 





































































































Name of author of text- 
























book. 


.... 






* * 
















Keadii 
Spellir 
WritiE 


Iff : ..... ...... 






















Iff: ....... 
























s- — • 



5. Branches of study. To denote that a pupil pursued a given branch of study, place 
a figure one (1) in the proper column, opposite the pupils name. If he pursued the 
same study the previous term of the current year, place a figure two (2) in the proper 
column. Under the head of " alphabet " mark those pupils that received their ^rs* lea- 
son in reading, whatever the mode of teaching. By " oral lessons" is meant all regular 
oral instructiori, whatever the subjects thus taught ; book lessons are not included. 

6. Rule for finding the average daily attendance.— kAA together the number of days the 
different pnpils were in attendance, and divide the sum by the number of days the 
school was in session. The average daily absence is found in a similar manner. 

7. Rule for finding the average age of jjitpiZs.— Divide the sum of the ages of all the 
pupils by the number of pupils. 



150 



OHIO SCHOOL LAWS. 



O 

-(^ . 
§ I 

©00 

OS 






IB 



« 





Remarks. 






















1-5 
go 

ll 


1 

33 

>> 

to 

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o 
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: 


















: 






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: 1 




oisnin T^ooA 


^ 


1— I^Ji-< 1— li-ll-fi-lT-l;— IIO 1 


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rai9!} enoiA9id p9xioin9 siidnj 


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r-(i-4 1-H !>lT-li-4rHi-(i-l 


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OB 9i 

o fl a: 
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c 


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1 




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< 

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o 


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> 


Sarah Bell..... 

Totals 






•OM 


r^CN 


o: 


Tt 


lo 


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cr 


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OHIO SCHOOL LAWS. 



-d'B JO 9n]«A 


=5© 




•spnnojS 

pa's esnoq 

rooqosjo9n]'B;\ 


<^ 




(•on JO soj^^) 

^■40T^sip-qus 

Kq papaBoq 

J9qDB9J SBjA^ 


d 




(•8Il90Ai f) 

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JO 8a§BA\ 






•y[Q9M. 

'B HI 9.^^p 
tooqos JO -ojij 


1 




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HI siSM. {ooqos 
ej{89AS. JO -oj^ 


Tji 




•sjidnd JO 

©Sb 0.§BI9AY 


CO 

o 
1—1 




Average daily attend- 
ance. 

• 


Total. 

7.8 




,2 

g 


't 
■^ 


: I 




CO 




No. of pupils twice 

enrolled. 

{Direction 5.) 




t>- 




a 


, 1 


IS 


CO 




1 

S 

o 

1 


"3 


1—1 




s 


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152 OHIO SCHOOL LAWS. 

TEACHER'S REPORT TO THE TOWNSHIP CLERK— Cmwhided. 

DIRECTIONS TO TEACHERS. 

1. School Year. — The school year begins on the first day of September and ends on the 
last day of the following August. Two terms (or quarters) of school are usually taught 
each school year in each sub-district. The second term should close on or before the 
last day of August. 

2. Names of Pupils. — Arrange the names of pupils in alphabetical order, with at least 
one blank line between the names of the two sexes. 

3. Days Present. — Write in this column the number of days each pupil was in attend- 
ance during the term. 

4. Days Absent. — Report only the number of days the pupil was absent while a 
member of the school. Do not count the days before he entered nor after he was with- 
drawn. 

5. Pupils Enrolled Precious Term.— If the report is made for the second or final term 
of the school year, place a check-mark (X) in this column opposite the names of all pupils 
enrolled the previous term. If the report is made for the first term of the school year, 
tTiis column is not to be filled, since the "previous term" in that case would not be in ih« 
current school year. The number of pupils' names thus checked (X) should be entered in 
the "Recapitulation and General Report," in the columns headed "Ko. of Pupils Tivice 
Enrolled." 

6. Branches of Study, — To denote that a pupil pursued a given branch of study, place 
a figure one (1) in the proper column, opposite the pupil's name. If he pursued the same 
study the previous term of the current school year, place a figure two (2) in the proper 
column. In making a report for the second term, give in the columns headed ^'Both 
Terms," the number of pupils that pursued the same study both terms of the school year. 
An occasional exercise in a given study should not be considered. 

7. Alphaiet. — Under this head report the number of pupils that received their first 
lessons in reading, whatever the mode of teaching. 

8. Oral Lessons. — Include all pupils that received regular oral instruction, whatever the 
subjects thus taught; book lessons are not included. 

9. Befniarlcs. — Opposite each name enter a "remark," stating from what school the 
pupil was received, if registered in another school in the same township or district, at 
any time during the school year; or what school he entered, if transferred or withdrawn 
during the year. The object of these remarks is to show in what school the pupil was 
lust registered. 

10. BuJefor Finding the Average Daily Attendance. — Add together the number of days 
the di&erent pupils were in attendance, and divide the sum by the number of days the 
school was in session. The average daily absence is found in a similar manner. 

11. Bule for Finding the Average Age of Pupils. — Divide the sum of the ages of all the 
pupils by the number of pupils. 

12. A School Weelc shall consist of five days, and a school month of forir school weeks. 
(Chap. 9, sec. 4016.) 

13. Teacher's Board. — If the teacher "boarded around," or if his board was paid for 
by the district in addition to his wages, the answer to the question on this subject will 
be "yes;" if the teacher boarded himself, the answer will be " no." 

14. School-houses and Apparatus. — An estimate of their value can easily be obtained of 
the directors of the sub-district. Report to the township clerk, on a separate piece of 
paper, the condition of the school-house, school furniture, and school apparatus (outline 
maps, etc.) ; also, the repairs needed. 



OHIO SCHOOL LAWS. 



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1^54 



OHIO SCHOOL LAWS. 



TOWNSHIP CLERK'S ABSTEACT OF 





achers 

1(4 




'a 

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afferent persons eni- 
as teachers. (Di- 
.7.) 




Sab-districts. 




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DIRECTIONS TO TOWKSHXP CLERKS. 

The first step in preparing the anmial '-report of the board of education to the county 
auditor," is to make a complete abstract of the teachers' reports of the several sub-dis- 
trict schools. To aid township clerks in ma.king such an abstract, the above blank has 
been prepared, with separate columns for each term or quarter, and also for the year. 
The reports of the school in sub-district No. 1 should be copied on the first line : sub- 
district No, 2 on the second line, etc. In case there are two terms of school during the 
year, the report of the first term (fall or winter) should be copied in the several columns 
headed '^ first term,'" and the report of the second term in the column headed ^'second 
iermJ' The returns for the two terms will give the ^' total for the year." 



OHIO SCHOOL LAWS. 
SUB-DISTRICT TEACHERS' REPORTS.— ConcZw^ed. 



165 



Number of pupils in eacli branch of study. 
(Additional columns may be ruled for other branches, if needed.) 



Spelling. 


Writing. 


Mental 
arithmetic. 


Written 
arithmetic. 


Geography. 


English 
grammar. 






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In case only one term of school -was taught during the year, the teacher's report may be 
copied in the columns^headed " total for the year." 

The columns headed " true enrollment " need not be filled unless the clerk wishes to 
find the number of different pupils enrolled in each school. The true enrollment of all 
the schools in the township may be found by substracting the number of pupils " twice 
enrolled " from the sum of the enrollments for the two terms ("total for the years.") 
The number of pupils " twice enrolled " is the number reported in the teacher's re- 
ports for the second term of the year as " enrolled iheprevioiis term." The number of pu- 
pils twice enrolled should be accurately reported, as each pupil enrolled in the township 
must be counted but once. 



156 OHIO SCHOOL LAWS. 

L. REPOET OF THE BOARD OF EDUCATION 

Of — Township, County, Ohio, to the County Auditor, fm' the sehool year 

ending August 31, 18 — . 

(To be forwarded to the county auditor on or before the first day of October,) 

RECEIPTS. 

Amount of school moneys received during the year from the following aotircea, via : 

Balance on hand September 1, 188 — ,..,$ 

State tax ,, „ . 

Irreducible school funds, (see direction 1) ..,, — 

Township tax for school and school-house purposes — — ^— ^— • 

Pines, licenses, tuition of non-resident pupils, and other miscellaneons 

sources „ — - 

Amount received from " adjoining townships"' for support of joint sub-dis- 

school, (see direction 1)... 

Names of adjoining tps. State funds. Tp. tax. Total. 

Total receipts $ — — — 

EXPENDITURES. 

Whole amount paid teachers during the year — 

Common, $ ; High, f ; German, | ; Colored, | : Total...... S 

For sites, buildings, and repairs 

For fuel and other contingent expenses...... 

Amount paid to other townships for support of joint sub-district schools.. -. 

Names of adjoining tps. State funds. Tp. tax. Total. 



Total expenditures .....>.. ^ . . 

Balance on hand September 1, 188 — 



OHIO SCHOOL LAWS. 



157 



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158 



OHIO SCHOOL LAWS. 



SUB-DISTKICTS, SCHOOL-HOUSES, APPARATUS, ETC. 

1. Number of sub- districts in township: Single, — ; joint, — ; total 

(Joint sub-districts to be reported only in township in which school house is located.) 

2. Number of sub-districts that contain a graded school of two or more 

departments (see direction 2) .-.. 

3. Number of school days in a week 

4. Number of school-houses erected during the year .......... 

5. Cost of the same - - - - $ 

6. Whole number of school-houses in township 

7. Total value of school-houses and grounds $ 

8. Condition of school-houses. 

9. Value of school apparatus ...... .. .$ 

10. Condition of school apparatus. 

11. How were colored youth of school age (if any) in the township provided with 
school advantage ? 

(Answer will be " by separate schools," or "by admission to common schools," or 
" Were not provided.") 

12. Amount paid by the board for their instruction in separate school, 

if not admitted to the common schools - $ 



BRANCHES OP STUDY TAUGHT AND NUMBER OF PUPILS IN EACH. 



Branch of study. 



Alphabet 

Reading 

Spelling ..-- 

Writing 

Mental arithmetic 

Written arithmetic .. 

Geography 

English grammar 

Composition 

Drawing 

Vocal music 

Map dra wi ug 

Oral lessons 

United States History 

Algebra 

Physiology 

Physical geography ... 
Natural philosophy . .. 
German 



No. of pupils. 



Name ot author of text-book. 



PRIVATE SCHOOLS. 

(These items are not required to be reported by law, but clerks will greatly oblige the 
Commissioner by reporting them as fully as possible.) 

1. Number of private or select schools in township 

2. Number of teachers employed therein 

3. Number of weeks these schools were in session during the year 



OHIO SCHOOL LAWS. ' 159 



4. Number of pupils enrolled: Male, ; female, : total. 

5. Branches of «cudy taught. 

/ certify the foregoing to he correct. 

By order of the Board of Education : 

-, Ohio, , 188—. 



-, Clerk. 



EXPLANATIONS AND DIRECTIONS. 

The accompanying blank mast be filled out and forwarded to the county auditor on 
or before the first day op October. Clerks are instructed to fill the blanks in accord- 
ance with the following directions : 

1. RECEIPTS AND EXPENDITURES. 

By "Irreducible School Funds" is meant all funds received from the State as interest 
on the Virginia Military, United States Military, or Western Reseri'e School Funds, and 
the rent of or the interest on the proceeds of the sale of " Section Sixteen." 

All money paid by non-reaident pupils for tuition in any school in the township must 
be reported under the head of Beceipts. 

All school moneys paid by the adjacent townships for the support of a joint sub-dis- 
trict school, must be reported by the respective boards of such townships, as a separate 
item, under the head of Expenditures, and the moneys thus received from the adjacent 
townships by the board having charge of such joint school, mast be reported by said 
board as a separate item, under the head of Receipts.* 

All claims upon the school liind fur espaases incurred daring the school year, should 
be settled, aud order.4 drawn upja the treasurer for their payment ^j'eftOMS to August 31 ; 
and all such orders, whether paid or not by the treasurer previous to August 31, must be 
reported by the clerk in the expenses for the school year. All school terms must close 
previous to August 31. In case a Fall term of any school is held, commencing before 
the first of September, the entire term must be reported in the next school year. 

2. NUMBER OF SCHOOLS. 

There will usually be as many common schools in a township as there are sub-dis- 
tricts or school-houses. When a sub-district school is sufficiently large to employ two 
or more teachers, and is organized on the graded plan, it should be reported as but one 
school. Such a school is a sub-district graded school. A joint sub-district school should 
be reported only by the clerk of the townbhip in which the school-house is located. The 
entire joint sub-distiicC, so far as reports are concerned, must be regarded as within such 
township.* 

Every sub-district school is made by law a common school, and should, in no instance, 
be reported as a "German aud English school." A "German and English school" is 
one regularly organized in addition to the sub-district schools, Like a colored school, it 



* All funds for the support of a joint sub-district school are required by law to be paid 
over to the board of education having charge of such joint school, and the expenses, 
enrollment, etc., of such joint school aie all (enumeration excepted) to be included in 
the school returns of the township in which the school-house is situated, 



160 OHIO SCHOOL LAWS. 

is organized for a cluss of pupils, and is not, therefore, a common sub-district scliooi. 
When a portion of the pupils in a sub-district school are taught to read Germau as well 
as English, the Germau should simply be reported as a branch of study. 

Every school organized specially for colored youth must be reported as a colored 
school, whether taught for a longer or shorter period of time. 

3. NUMBER OF DIFFERENT PUPILS ENROIXED. 

This item is often reported incorrectly, owino- to the fact that many pupils are en- 
rolled timce each year — once each term. Having found the whole number of pupils, 
male and female, enrolled in all the schools of the township each term, the trne enroll- 
ment for the year may readily be found by suMracting the number of pupils enrolled twice 
(both terms) frora the sum of the enrollments for the two terms. Suppose, for example, the 
township enrollment for the first term was 190 boys and 165 girls: for the second term 
150 boys and 170 girls; and that .50 boys and 60 girls were enrolled tirice, or both terms. 
The number of ditierent boys enrolled during the year would be 190 plus 150 — .50=290 
boys. The number of different girls enrolled, 165 plus 170 — 60=275 girls. 

Another method is to find the '•' true enrollment" of each sub-district for the year, by 
subtracting the number of pupils enrolled twice from the aggregate enrollment for the 
two terms, and then adding these several true enrollments of sub-districts together. 

The first method is much the shorter, but it will be a good plan to use both. 

4. AVERAGE DAILY ATTENDANCE. 

When the two terms are of equal length, the a^■erage daily attendance may be readily 
found ill adding together ths term averages and dividing by 2 — the number of terms. Sup- 
pose, for example, the average daily attendance of a sclicol for the first term of 12 
weeks was 20 boys and 18 girls, aud for the second term of 12 weeks, 16 boys and 21 
girls. The average attf*iidai>f-e of the boys for the year is found thus: 20 plus 1(5=36. 
36 divided by 2^18 hoy.s. The average attendance of the girls is found in the same 
manner. 

When th^ tico terms are not of equal lemjth, the average attendance of each school is 
found by multiplying the overage for each term by the number of iceeks in such term, and di- 
tnding the sum of the two prod^uets by the whole number of weelcs in both terms. Suppose, for 
example, the average attendance for the first term of 18 weeks was 30 boys and 25 girls ; 
of the second term of 12 weeks, 16 boys and 20 girls. The average attendance of the 
boys for the year is found thus : 30 times lr=540. 16 times 12=192. 540 plus 192=732. 
732 divided by 30 (18 plus 12)=24.4, boj.s' average attendance. The average attendance 
of the girls is found in the same manner. 

The average daily attendance for the totcnship will be tiie sum of the averages of the 
several schools. 

.5. NUMBER OF TEACHERS. 

By the •■ number of ditferent teachers employed'" is meant the unmheT of different per- 
. sori« employed in the schools as teachers during the year. This number, owing to changes 
will usually be greater than the number of teachers employed during any given 
moisth or urui. 

If all teachers were employed for the entire school year, aud no changes occurad 
during the year, how many teachers would be needed ? The answer is the " number of 
t«aichers ueeesKary to supply the sciinols," which will apuerally 1h) the same as the num- 
ber of schixsis. 



OHIO SCHOOL LAWS. 161 

6. AVERAGE WAGES OF TEACHERS. 

Add together the monthly salaries of the several male teachers employed, and divide 
the sum by the whole number of male teachers. The quotient will be the average 
monthly wages of male teachers. In like manner the average monthly wages of female 
teachers may be found. In giving the "number of sub-districts that boarded teachers," 
report only those in which the teacher " boarded around," or which otherwise paid for 
the teacher's board in addition to his wages. 

7. AVERAGE NUMBER OP WEEKS THE SCHOOLS WERE IN SESSION. 

Having found the number of weeks each school was in session during the year, divide 
the sum of the same by the whole number of schools in the township. If there is a re- 
mainder, annex two cyphers, and continue the division to hundredths. Wiite the num- 
ber of weeks under "weeks," and the fractional part under " hundredths." In report- 
ing the number of weeks each sub- district school was taught, he sure and include both 

TERMS. 

If it is the custom in a majority of the sub districts to close the schools on every 
Saturday, five days should be reported as a school week ; if the schools in a majority of 
the sub-districts are closed only on every other Saturday, _;^ve and one-half days. 

8. NUMBER OF PUPILS IN EACH BRANCH OF STUDY. 

Add together the number of pupils reported each term, and from the sum subtract 
the number of pupils that pursued the study holh the first and second teims of the year. 
If 25 pupils were in geography the first term, 18 the second, and 10 of them pursued the 
study both terms, the number of different pupils in geography was 25 plus 18 — 10=33. 
The names of all text-books regularly used in the schools must be reported. 

9. PRIVATE SCHOOLS. 

It is not expected that clerks will be able to report accurate statistics of these schools. 
Please give as full information as possible. When the number of pupils enrolled, etc., 
is not known, make an estimate — a good "guess." Colleges, seminaries, and large 
academies are not to be reported by clerks. 



11 



162 



OHIO SCHOOL LAWS. 



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164 OHIO SCHOOL LAWS. 

DIRECTIONS TO CLERKS AND TREASURERS. 

1. The account of the " Schoolhonse and contingent fund" should be kept in til© 
first two columns on the right-hand side of each page ; and the account of the " Tuition 
fund" in the next two columns. 

2. For each order drawn or paid, make two entries— one in the general township 
account of school funds, and the other in the account of the proper sub-district. 

3. In case the township Board of Education do not apportion the school-house and 
contingent fand among the sereral sub-districts, but keep it as a general fund, the sub- 
district account may be made to balance by entering in the proper columns in the ac- 
count of " Apportionment'' (left-hand page) the amount expended for school-house and 
contingent, purposes as shown in the account of " Expenditures " (right-hand page.) 

4. All school money received from adjacent townships for the support of a joint sub- 
district school should be entered in the general account under the head of Beceipts, and 
in the proper joint sub district account under the head of Apportionment. All moneyg 
paid to adjacent townships for the support of a joint sub-district ahonld be entered io 
the general account under the head of Expenditurea . 

5. All money paid by non-resident pupils for tuition in any school of the township, 
must be paid to the Treasurer and entered in the general account under the head of 
Beeeipts, and also in the acooun!", of the proper sub-district under the head of Apportion- 
ment. 

6. The Treasurer's general account should be balanced at the time of the annual set- 
tlement with the Auditor in February, and also at the close of the school year. The 
Treasurer's sub-district account and both the general and sub-district accounts of the 
clerk need be balanced only at the close of the school year. The sub-district account, 
if properly balanced and separated, may be kept for two years on the same page. 

7. The Board of Edncation are required by law-" to make settlement with the Town- 
ship Treasurer at their regular session in April annually." At this settlement the Clerk's 
and Treasurer's books should be carefully compared. 

8. At the expiration of their terras of official service, the Township Clerk and Treas- 
urer are required by law to deliver to their saccesaors in office this book and all other 
official books and papers relating to schools, in their hands. 



LIIL EEPORT OF THE TREASURER OF TOWNSHIP, 

COUNTY, OHIO, 

To the county auditor, for the year ending August 31, 18 — : 

(To he made to the auditor on or before the 20th day of September ) 

RECEIPTS. '^^^ HI 33UBa 

Amount of school moneys received daring the year from the following sources, viz; 

Balance on hand September 1, IS— - ...... ... .....$— 

State tax.... - - ......„...o 

Irreducible school funds - -- 

Township tax for school and school house purposes 

Fines, licenses, tuition of non-resident pupils, and other miscellaneous 

sources — - - --• 

Amount received from adjoining townships for support of joint sub-district ■ 

school— State funds, $ ; township tax, $ : Total.... 

Total receipts . -=..,. ..».o = oo.. = »»o.. = -== 



OHIO SCHOOL LAWS- 165 

EXPENDITUKES. 

Whole amount paid teachers during the year — 

Common, | ; High, $ ; Total ..............„.._._.....$ 

For sites, buildings, and repairs ..„.. 

For fuel, and other contingent expenses ............ 

Amount paid to other townships for support of Joint sub-district school — 

State funds, $ ; Tp. Tax, $ : Total.... . ............. 

Total expenditures .. ............. ................ $ ^^ 

Balance on hand September 1, 18 — 

Amount of outstanding orders unpaid September 1, 18 — 

I certify the foregoing to be, in all respects, correct. 

, Treasurer. 

, Ohio, , 18—. , 

EXPLANATIONS AND DIRECTIONS. 

1. The above report should cover only the moneys actually received and disbursed by 
the treasurer during the school year ending August 31. In case the school funds arising 
from the second semi-annual distribution of taxes are not received on or before August 
31, such funds must be reported by the treasurer among the receipts of the following 
year. lu case there were outstanding orders unpaid on the Ist of September, the amount 
of such orders should be added to the report in order that it may show the entire ex- 
penses of the schools during the year, and thus correspond with the returns of the board 
of education. All claims upon the school fund for expenses incurred during the year 
should be settled and paid, if possible, previous to August 3J. 

2. By " irreducible school funds," is meant all funds received from the State as inter- 
est on the Virginia Military, United States Military, or Western Kaserve School Funds, 
the rent of or the interest on the proceeds of the sale of " Section Sixteen." 

3. All money paid by non-resident pupils for tuition in aoy school in the township 
must be paid into the township treasury, to be disbursed ou the clerk's order, and re- 
ported under the head of receipts. 

4. All moneys paid by the adjacent townships for the support of a joint sub-district 
school must be reported by the treasurer of such adjacent townships, as a separate item, 
under the head of expendiiurta ; and the moneys thus received from the adjacent town- 
ships by the treasurer of the township whose board has charge of such Joint school, must 
be reported, as a separate item, under the head of receipts. 



CHAPTER v.— FORMS FOR SCHOOL EXAMINERS, AUDITORS, 

ETC. 

LIV. APPOINTMENT OF SCHOOL EXAMINEES. 

Office of Judge of Probate, 

County, 0., , 18 — . 

Being satisfied that is a competent and suitable person to act as a mem- 
ber of the board of school examiners for this county, I do hereby appoint him to said 
office for the term of two years from date, and until his successor shall be appointed. 

— , Judge of Prolate. 



166 OHIO SCHOOL LAWS. 

LV. EEVOCATION OF SCHOOL EXAMINER'S APPOINTMENT. 

Office of Judge of Probate. 

County, , , 18—. 

Whereas, on the day of , 18 — , was appointed to the office of 

school examiner of county, for the term of two yf ars from the date of such ap- 
pointment j and, whereas, evidence has been filed with me, judge of prohate of said 
county, and I have become satisfied that said is an unfit person to be re- 
tained as a member of the board of school examiners of said county, in consequence of 
(here state the cause of action) : 

Therefore, the said apx>ointment of said , as school esaminer of said 

county, is hereby revoked. 

, Judge of Proiate. 

LVI. NOTICE OF MEETINGS FOR THE EXAMINATIOJST OF TEACHERS. 

Notice is hereby given that there will be a meeting of the board of school examiners 

of county, for the examination of teachers, at , on the last of each month 

of the year, and that a meeting will also b© held on the second of April, May, Oc- 
tober, and November. Each applicant for a certificate should be present as early as 

o'clock A.M. 

By order of the Board. 

, IS—. , Clerk. 



LVII. TEACHER'S CERTIFICATE. 



No. 



The undersigned, school examiners of county, Ohio, having examined 



do hereby certify, that possesses an adequate knowledge of the theory and prac- 
tice of teaching, and is qualified to teach orthography, reading, writing, arithmetic, 
geography, and English grammar ; and that has furnished satisfactory evi- 
dence of good moral character. 

This certificate to be valid for the term of months from date, 

Given at , and dated this day of , A.D., 18 — . 

RESUi^T OF EXAMINATION. 

Orthography . 

Reading......... 

Writing .... 

Arithmetic . 

Geography .. 

English grammar 

Theory and practice 



School ExamineTB. 



RULES AND EXPLANATIONS. 

1. The character of the applicant's exaTiiaation is represented on a scale of one to ten — 
one denoting the lowest qualification and ten the highest. 

2. Five classes of certificates are granted, as follows ; First class, valid S6 months j second 



OHIO SCHOOL LAWS. 167 

class, valid 24 montlis ; third class, valid 18 montlis ; fourth class, valid 12 months ; 
fifth class, valid 6 months. 

8. A satisfactory examination in the theory and practice of teaching, and a high de- 
gree of success in teaching, will also be considered in determining the class of certificate 
to be granted. No certificate is granted unless the applicant passes an examination in 
each Iranch of study required by law. 



LVIII. REVOCATION OF TEACHER'S CERTICATE. 

To the heal directors of sui- district No. — , township, county, Ohio : 

Whereas, the board of examiners of said county, on the day of , 18 — , 

granted a certificate to , authorizing him to teach orthography, etc., for the 

term of months, and he is now^engaged as a teacher in said sub-district. 

And, whereas, it has been represented, and said board has become satisfied, that 

: — is an unfit person to be retained as such teacher, in consequence of {here 

state the offense) : 

Therefore, you are hereby required to discharge and dimiss said from his 

said employment. His said certificate is revoked. 

By order of the Board. 

, 18—. , Cleric. 

Note. — A teacher's certificate may also be revoked when he is not engaged as a 
teacher. When this is the case, the first line of the above form should be omitted, and 
the last paragraph changed to read ae follows : " Therefore, his said certificate is hereby 
revoked." 

LIX. QUARTERLY REPORT TO COUNTY TREASURER. 

REPORT OF THE BOARD OF SCHOOL EXAMINEES OF COUNTY, OHIO, TO THE 

COUNTY TREASURER, FOR THE QUARTER ENDING , 188 — . 



Number of meetings held during the quarter ..- 

Whole number of applicants examined: Male, ; Female, — '—] Total... 

Amount received of applicants on examination fees 

I certify the foregoing statement to be correct. 



Cleric of Board of Examiners. 
-, Ohio, , 188—. 



Note. — The first quarter ends the last day of November; the second, the last day o f 
February ; the third, the last day of May ; and the fourth, the last day of August. Th 
orders drawn by the auditor to pay for the necessary traveling expenses of the Board o 
Examiners can not, in any " one quarter, exceed one-third of the amount collected and 
paid over by said board as examination fees " during said quarter. 



168 



OHIO SCHOOL LAWS. 



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OHIO SCHOOL LAWS. 



169 



Of 



LXI. EEPOKT OF THE BOARD OF SCHOOL EXAMINERS 
county, Ohio, to the State School Commissioner, for the school year 



ending August 31, 188 — . 

(To be forwarded to the Commissioner on or before the first day of October.) 

1. Number of meetings held for the examination of teachers during the year. 

2. Number of locJities in which meetings were held during the year 



NUMBER OP APPLICANTS FOR CERTIFICATES, T UMBER OF CERTIFICATES GRANTED, AND 
NUMBER OF APPLICATIONS REJECTED. 



3. Whole 




4. Number of certificates granted. 






number of 








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24 mo's. 


18 mo's. 


12 mo's. 


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6. Number of different applicants for certificates * 

7. Number of different applicants to whom no certificates were granted....... 

8. Number of applicants natives of this State 

9. Number of applicants colored (if any) .,....-.. 

10. Number of applicants under 20 years of age ....„ 

11. Were oral or written answers required of applicants? .. ........ .- — 

12. Were the questions of the Board presented orally, by writing them upon a 

black-board, or by printed slips ? 

13. Amount received from the county by the examiners as pay for their services. — 

14. Amount of examination fees collected and paid to county treasurer during 

the year : Ist quarter, $ ; 2d quarter, $ ; 3d quarter, $ ; 4th 

quarter, $ ; total - - • -• $ 

15. Amount (if any ) received by examiners to pay necessary traveling expenses : 

1st quarter, $ ; 2d quarter, $ : 3d quarter, $ ; 4th quarter, 

$ ; total. = - ----- I ' 

16. Names of examiners ; business or profession ; P. O. address ; when term of office 

expires. 

17. Number of teachers' insti tutes held during the year 

18. Name of president or secretary of county teachers' association.. • 

I certify the foregoing to be correct. 

Clerk of Board. 

, Ohio, , 188—. 

* The number of applications (question 3) will probably be greater than the number of 
applicants (question (5), since the same person may, in several instances, have applied 
for a certificate at two or more meetitigs of the Board. In the answer to question 6, the 
number of different persons that have been before the Board during the year, should be 
given. Those who were granted a certificate on a second or subsequent trial, should not 
be included in the answer to question 7. 



170 



OHIO SCHOOL LAWS. 



LXII. AUDITOR'S EEPORT OF TEACHERS' INSTITUTE FUND. 

A statement showing the amount of examination fees collected and paid to the connty 

treasurer y the school examiners of county, Ohio, during the four quarters 

ending August 31, 188— ; also, the amounts paid out of such fund for the several pur- 
poses named in the school law. 







Receipts. 


Expenditures. 














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School Year of 188- 


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Ist quarter ending 

2d quarter ending 

3d quarter ending 

4th quarter ending 

Total 


, 188—..... 












188— 












188— ..... 












-, 188— .... 





































I certify the foregoing to be a correct statement. 

Auditor's Office, county, 

, Ohio, — 



-, Auditor. 



-, 188-. 



LXIIl. TEACHERS' INSTITUTES. 



Constitution of 



County Teachers^ Association, 



PREAMBLE. 

As a means of improvement in the profession of teaching, and of promoting the inter- 
ests of the schools in our county, we the undersigned, associate ourselves t ogether under 
the following 

CONSTITUTION. 

Article I. This association shall be called the County Teachers' Association. 

Art. II. The officers of this association shall be a president, three vice presidents, a 
secretary, treasurer, and an executive committee of three members, who shall also 
perform the duties of a financial committee. The secretary shall, ex-officio, be one of the 
members of this committee, and shall keep a record of its proceedings. 

Art. III. It shall be the duty of the president to preside at all meetings of the as- 
sociation. In case of vacancy, or his absence, any one of the vice-presidents or the chair- 
man of the executive committee may perform his duties. 



OHIO SCHOOL LAWS. 171 

Akt. IV. It shall be the duty of the secretary and treasury to perform the usual 
duties devolving upon such officers. 

Art. V. The executive committee shall carry into effect all orders and resolutions of 
the association, and shall devise and put into operation such other measures, not incon- 
sistent with the objects of this association, as it shall deem best. It shall arrange busi- 
ness for all regular meetings of the association, and shall appoint, under the direction 
of the association, at least one such meeting each year. It shall make all necessary ar- 
rangements for holding and conducting at least one teachers' institute in the county 
each year. In case the amount of money under the control of the association, including 
the institute fund in the hands of the county treasurer, be insufficient to defray the 
necessary expenses of an institute, said committee shall fix and give due notice of an in- 
stitute tuition fee to be paid by those attending such institute. All moneys belonging to 
this association are to be paid out only on orders drawn by the executive committee. 

Art. VI. The executive committee shall hold its meetings as soon after election as 
possible. Two members shall constitute a quorum for business, and afterwards may 
meet on their own adjournment or appointment. 

Art. VII. Any teacher, or active friend of education, may become a member of this 
association, by subscribing to this constitution and contributing annually to the funds 
of the association. 

Art. VIII. The officers of this association shall be chosen by ballot, or in such other 
manner as the association may direct, at the annual meeting, and shall hold their offices 
for one year, or until their successors are elected. 

Art. IX. This constitution may be altered or amended by a majority of the members 
present at any regular meeting, provided notice of such intended alteration or amend- 
ment shall have been given at the preceding meeting. 

LXIV. REPORT OF COLLEGES, SEMINARIES AND ACADEMIES. 

Beport of to the State Soliool Commissioner. 

FOR the scholastic YEAR EMDING IN 188 — . 

1. Name and location of institution. 

2. Name and degree of president or principal. 

3. Year in which the institution was established. 

(If incorporated, give the year of incorporation.) 

4. Number of regular professors or teachers : Male , female , 

total - — -.--" -" -...-- 

5. Whole number of students in attendance during the year....^^. 

6. Number of students enrolled each term or quarter of the year : 1st 

term ; 2d term ; 3d term ; 4th term ■ 

7. Number of years occupied in completing the several courses of 

study: Classical course ; scientific course ; 

course — - — - 

8. Number of students pursuing the several courses of study during 

the year: Classical course — — ; scientific course ; 

course 

9. Number of students in preparatory classes, including all irregular 

students ..........- = ........--...---••----•- ■■ " " 



172 OHIO SCHOOL LAWS. 

10. Number of graduates in each course in 188 — : Classical course ; 

scientific course ; course 

11. Whole number of graduates in classical course since the institution 

was established 

12. Number of weeks in scholastic year 

13. Cost of tuition per year...... -..| ~ 

14. Estimated yearly expenses of student, including board, % to....$ 

15. Number of indigent students granted free tuition during the year. ., 

16. Amount of income from tuition during the year 

17. Amount of income irom invested funds, rents and donations during 

the year.... % 

18. Amount of endowment fnnds, not including buildings, grounds, etc ..$ 

19. Increase in endowment funds during the year .„ | 

20. Value of buildings and grounds . .->.$ 

21. Value of apparatus, not including libraries ......... ...... .. $ 

22. Number of volumes in libraries... ... .. ...... „.... .. . 

23. Date of next commencement. 

The foregoing is a corri~ct statement. 



Ohio. 

183—. 



Note.— In a few of the colleges of the State two, and in some cases three, courses of 
study are prescribed. The Commissioner wishes to ascertain the number of students 
regularly pursuing each of these several courses. The name of the third course is to be 
supplied by the person filling the blank. The term " Scientific" is used to designate a 
partial or English course. lu those iustitutions that have a six years' course of study, 
the two lower clsses ought to be reported as preparatory. 

The answer to the sixth question is particularly desired. The answers to the sixteenth 
and seventeenth questions niay be omitted if there is any objection to their publication. 
The seventh, eight, ninth, tenth, eleventh and twenty-third questions do not apply to 
eeminaries and academics in which no regular courses of study are prescribed. 



INDEX. 



CLASSIFICATION AND CERTAIN CHANGES OF DISTRICTS— PAGE 

Classes of school districts 5 

City districts of first class defined...... ...... ..., 5, 6 

" second class defined...... .... .....-.= .,.„....„,...„... 6 

Village districta defined ...-....„..„„.......„„.„,.,...,........,..... 6 

Change of classification in certain case .. ...... .«„... .... ,.. = .. 6 

Township districts defined „, 6 

Special districts defined „ .... ....„„ ...„.= ,..„ ...... .... .... 7 

Transfer of territory from one district to another ................ ......... 7 

Township districts may become village districts ........ ...a. ........ ....... 8 

How vote shall be taken 8 

How board organized 9 

CITY DISTRICTS OF FIRST CLASS— 

Board of education — how constituted .... ...... ...... ...... ...... ...... .... 9 

How membership increased .......... .... .......................... 9 

When two members for each ward, how elected — -= .... ...... .... ..„.„. .... 10 

When one member " " ...... ^ „..= ....„....... ...... 10 

Where certain electors to vote...... .. ...................... 10 

Conduct of elections .,,=,.... 11 

How electors on attached territory to ca^^t ballots ....... — ....... ..... 11 

Meetings and certain powers of the board 11 

To make estimate and fix levy for contingent fnnd ....,,„...... 39 

Limitation of estimate and levy — Cincinnati ............................... 39 

" " —Cleveland..................... 39 

" " — Toledo. ................. .0..0.... 39 

How contingent fund to be applied in Toledo .... ............... ........ 44 

Limitation of estimate and levy in all other cities of the first class .......... 39 

When estimate to be certified to county auditor .. ....... 39 

Apportionment of school funds by county auditor „....... = ........... .... 41 

Distribution of money after apportionment.... - 42 

When county commissioners to perform certain acta of board of education — 44 

Powers of board of education 45 

What property the board has title to ...,.........-..-....---... ..---- ... 46 

School property exempt from taxation...... .....=, ..... 47 

Conveyances and contracts »--. 47 

Board may accept bequests ...... ...... .... .=.. .,.=. ...... ....... . = «... . 47 

Process against board...... .... ^ 48 

Duties of prosecuting attorney and city solicitor. .... ..... .. = „.. .... — ... — 48 

Tie votes at elections, how decided.. 48 

When to appoint . .,..„......„ = ^. = ,„,,». ».,.>... = - = »,=..»=. = = -=. ...=.---". 48 



174 OHIO SCHOOL LAWS. 

CITY DISTEICTS OF FIRST CLASS— Continued-, page 

Oath ol members and other officers ..„............,..=.„..., 49 

Organization of board 49 

Vacancies in board, how filled ....... .. ...... . ......... ......49, 50 

Qaorum of board...... ...^ ....j^...., 50 

Yeas and nays to be taken in certain cases ...50, 51 

Absence of president or clerk 51 

Record of proceedings and attestation thereof 51, 52 

Board to make rules and regulations 52 

Illegal meetings 52 

Board to make and enforce rules for vaccination.... .... .... .' 52 

Board to provide school-houses ........ ........... 53,54 

Directions for bidding, and for letting contracts...... 55, 56 

When board may appropriate property 57 

Issue of bonds by board.... , ... 59 

Board may appropriate money for library, etc. ...... .... .... ....59, 60 

Levy for library in cities .......... ..... 60 

How library tax to be expended ....„ ... = .. .... ...... 60 

Board may appoint librarian 60 

" " managers of library ...60, 61 

Board of Cleveland to appoiat library committee...... ...... .... ...... ....„ 61 

Powers and duties of such committee. ... 61 

Library tax, and how to be expended .... 62 

Consolidation of libraries in Portsmouth authorized 62 

Board of Portsmouth to appoint library committee .... ..............6', 63 

Powers and duties of such committee 63 

How such library maintained and managed ........ 63, 64 

Sufficient schools must be provided ,64, 65 

Schools for colored children 65 

Schools of higher grade than primary 65 

Schools at " children's homes," orphans' asylums and county infirmaries .. 66 

Youth may be sent to charity school at Zanesville ...66, 67 

Evening schools 1 67 

Who may be admitted to public schools .... .... .67, 68 

Suspension and expulsion of pupils .... 68 

Teachers may dismiss school on holidays 68 

School year, month, and week 69 

Board to control schools and appoint officers...... 69, 70, 71 

Board to determine studies and text-books 73 

When German language to be taught 74 

Sending of pupils from one district to another ...74, 75 

Children must attend school 1 . 75 

Unlawful to employ children who have not attended school ..75, 76 

Board to ascertain condition of children not at school 76 

When board may supply pupils with books 76 

Penalties for violation of certain provisions ...76, 77 

Clerk must prosecute..... 77 

Equivalent to attendance on day school... 77 

Yearly enumeration of youth ...... . 78, 79 



OHIO SCHOOL LAWS. 175 

CITY DISTRICTS OP THE FIRST CLASS-Continued- page 

Qaalification and pay for taking enumeration ,..., 79 

Clerk to employ persons to take enumeration .......79 80 

Clerk to transmit abstract to county auditor ... ...... .... 81 

Auditor to act when clerk fails „ _.__ gj 

Duty of auditor when county line divides original surveyed township 81, 82 

School funds forfeited when enumeration not taken 82 

Penalty for making fraudulent returns 83 

Who to be treasurer of the school funds „„g3 84 

Treasurer to give bond and produce funds, etc ....84 85 

Annual settlement by treasurer with couaty auditor „ .....85 86 

Penalty for failure to make such settlement , 86 

Treasurer to report balance to board.. , .„. 86 

When treasurer may receive or pay money ....86 87 

Amount of funds treasurer may hold ,...., 87 88 

Treasurer to deliver money, etc., to successor . .. .... 88 

Clerk shall execute bond ^.... , 88 

When orders of clerk for teachers' pay illegal ........88 89 

Duties of clerk as to statistics, etc ., ,..^.. ...... ,...89 90 

Publication of receipts and disbursements by clerk 90 

Clerk to deliver hooks, etc., to successor .............■_..,..... 90 

How treasurer and clerk to keep accounts ......90 91 

Compensation of treasurer and clerk 91 

Annual report by board of education,,.,.. . , 91 93 

In what form to be made, etc . .... 92 

Reports of superintendents and teachers .., ....92 93 

Peaalty against clerk for failing to make report to county auditor. 93, 94 

Who may be employed as teacher 100 

Board of education to appoint a board of examiners 102 

Shall fix compensation of such examiners..... 104 

Who ineligible as examiner.... 105 

Board may permit teachers to attend institute within county...., 108 

Board may provide for an institute , . ... . 108 

When institute fund to be placed to the credit of county institute fund 108 

Length of session of institute 109 

Report of certain institutes ..,,.... ... 109 

CITY DISTRICTS OF THE SECOND CLASS— 

Membership of board of education 12 

Election of members 12 

Conduct of the election... ...„.,.., 13 

Election after membership increased , ... .... 13 

Notice of elections 15 

How membership increased 15 

Estimate and levy for contingent fund... . . 39 

Limitation as to levy for contingent fund... 39 

Estimate to be certified to county auditor ,. 39 

Apportionment of school funds by county auditor 41 

Distribution of money after apportionment...... 42 

County commissioners to levy contingent fund when board neglects 44 



176 OHIO SCHOOL LAWS. 

CITY DISTRICTS OF THE SECOND CLASS— Contimied— page 

Powers of board of edncation 45 

What property the board has title to 46 

School property exempt from taxation 47 

Conveyances and contracts .„ 47 

Board may accept bequests 47 

Process against board, and how served 48 

Duties of prosecuting attorney and city solicitor..,, .... .... „ .... .... 48 

Tie votes to be decided by lot .... ...... 48 

When to appoint 48 

Oath of members and other offi'jera 49 

Organization of board ..,.,.,...... 49 

Vacancies in board, how iilled.... , ......49, 50 

Quorum of board.... .,„<,. ........ 50 

Yeas and nays to be taken in certain cases ....50, 51 

Absence of president or clerk .. , 51 

Record of proceedings and attestation thereof ...51, 52 

Board to make rules and regulations ....... 52 

Illegal meetings ..,.. = ...... 52 

Board to make and enforce rules for vaccination ,. .'.. 52 

Board to provide school-houses .„ 53, 54 

Directions for bidding and letting contracts.... 55, 56 

When board may appropriate property ........ 57 

When and how question of tax levy submitted to voters ........... 57 

If levy approved board to ,certify it to auditor 58 

How the levy may be anticipated 58, 59 

Board may appropriate money for library, etc ..................... 59, 60 

Levy for library in cities 60 

How library tax to be expended 60 

Board may appoint librarian .,..,.,....., , ^,. 60 

SufiQcient schools must be provided ,.„ ...64, 65 

Schools for colored children , .„ 65 

Schools of higher grade than primary .. .... ...... 65 

Schools at "children's homes," orphan asylnm^s, and county infirmaries .._. .. 66 

Evening schools 67 

Who may be admitted to public schools ...................................67, 68 

Suspension and expulsion of pupils ............ ................ .... 68 

Teachers may dismiss schools on holidays .... ...... .... ...... ... 68 

School year, month, and week 69 

Board to control schools and appoint officers.. .. ,. 69, 70, 71 

Board to determine studies and text-books 73 

When German language to be taught ....^. 74 

Sending of pupils from one district to another , „ 74, 75 

Children must attend school .... 75 

Unlawful to employ children who have not attended school 75, 76 

Board to ascertain condition of children not at school 76 

When board may supply pupils with books 76 

Penalties for violation of certain provisions 76, 77 

Clerk must prosecute ........= ...... 77 



OHIO SCHOOL LAWS. 177 

CITY DISTRICTS OF THE SECOND CLASS— Continued— page 

Equivalent to attendance on day school ..... 77 

Yearly enumeration of youth .. 7S, 79 

Qualification and pay for taking enumeration 79 

Clerk to employ persons to take enumeration 79, 80 

Clerk to transmit abstract to county auditor 81 

Auditor to act when clerk fails 81 

Duty of auditor when county line divides original surveyed township 81, 82 

School funds forfeited when enumeration not taken 82 

Penalty for making fraudulent returns 83 

Who to be treasurer of the school funds. 83, 84 

Treasurer to give bond, and produce funds, etc ........ .. 84, 85 

Annual settlement by treasurer with county auditor . 85, 86 

Penalty for failure to make such settlement 86 

Treasurer to report balance to board 86 

When treasurer may receive or pay money ............ .......86, 87 

Amount of funds treasurer may hold — ...........87, 88 

Treasurer to deliver money, etc., to successor ... — .... . — 88 

Clerk shall execute bond . — . . .... 88 

When orders of clerk for teacher's pay illegal 88, 89 

Duties of clerk as to statistics, etc ---- .-.-89, 90 

Publication of receipts and disbursements by clerk ....... .............. 90 

Clerk to deliver books, etc., to successor — .... 90 

How treasurer and clerk to keep accounts.. 90, 91 

Compensation of treasurer and clerk.... 91 

Annual report of board of education 91, 92 

In what form to be made, etc... - 92 

Reports by superintendents and teachers 92, 93 

Penalty against clerk for failing to make report to county auditor.. .... 93, 94 

Who may be employed as teacher .- « 100 

Board of education to appoint a be ard of examiners 105 

Shall fix compensation of such examiners -■ 104 

Who ineligible as examiner -. — ....... — ...... 105 

VILLAGE DISTRICTS— 

Membership of board of education »- ....... •--= --•- 12 

Election in village districts .--« - ° ■"-- '-'* 

Notice of election 15 

Returns to be made to board. -. — ..................... 15 

How membership increased ---. --- ---- ..---. 15 

How village may become village district .- 16 

How village district organized — - - 1' 

Organization of board lo 

Estimate and levy for contingent fund - ---■■ "-- "^^ 

Limitation of levy for contingent fund 39 

When estimate to be certified to county auditor -. 39 

Apportionment of school funds by county auditor 41 

Distribution of money after apporlionment -■ — 42 

County commissioners to levy contingent fund when board neglects 44 

12 



178 OHIO SCHOOL LAWS. 

VILLAGE DISTRICTS— Continued— page 

Powers of board of education ......,.„ 45, 46 

What property the boards have title to 46 

School property exempt from taxation 47 

Conveyances and contracts 47 

Board may accept bequests .„.„ 47 

Process against boards, and how served ........ 48 

Duties of prosecuting attorney and city solicitor.. 48 

Tie votes to be decided by lot.... , . ... 48 

When to appoint 48 

Oath of members and other officers 49 

Organization of board 49 

Vacancies in board, how filled .... 49, 50 

Q uorum of board , 50 

Yeas and nays to be taken in certain cases ....50, 51 

Absence of president or clerk 51 

Kt^cord of proceedings and attestation thereof..., .... ......51, 52 

Board to make rules and regulations 52 

Illegal meetings 52 

Board to make and enforce rules for vaccination 52 

Board to provide school-houses ...............53, 54 

Directions for bidding, and for letting contracts 55, 56 

When board may appropriate property .. 57 

When and how question of tax levy submitted to voters 57 

If levy approved, board to certify it to auditor . , 58 

How the levy may be anticipated „... 58 

Board may appropriate money for library, etc.... .... ....59, 60 

Sufficient schools must be provided 64, 65 

Schools for colored children 65 

Schools of higher grade than primary 65 

Schools at "children's homes," orphans asylums, and county infirmaries 66 

Evening schools 67 

Who may be admitted to public schools ......67, 68 

Suspension and expulsion of pupils ...... .. . 68 

Teachers may dismiss school on holidays 68 

School year, month, and week 69 

Board to control schools and appoint officers ....69, 70, 71 

Board to determine studies and toxt-books . 73 

When German language to be taught 74 

Sending of pupils from one district to another 74, 75 

Children must attend school , . ...... 75 

Unlawful to employ children who have not attended school 75, 76 

Board to ascertain condition of children not at school 76 

When board may supply pupils with books 76 

Penalties for violation of certain provisions 76, 77 

Clerk must prosecute . 77 

• Equivalent to attendance on day school 77 

Yearly enumeration of youth — ..78, 79 

Qualification and pay for taking enumeration 79 



OHIO SCHOOL LAWS. 179 

VILLAGE DISTRICTS— Continaed— page 

Clerk to employ persons to take enumeration 79, 80 

Clerk to transmit abstract to county auditor .... 81 

Auditor to act when clerk fails 81 

Duty of auditor when county line divides original surveyed township 81, 82 

School funds forfeited when enumeration not taken 82 

Penalty for making fraudulent returns 83 

Who to be treasurer of the school funds ....83, 84 

Treasurer to give bond, and produce funds, etc 84, 85 

Annual settlement by treasurer with county auditor .................. 85, 86 

Penaltt for failure to make such settlement , 86 

Treasurer to report balances to board 86 

When treasurer may receive or pay money...... ......86, 87 

Amount of funds treasurer may hold ..87, 88 

Treasurer to deliver money, etc., to successor 88 

Clerk shall execute bond ..... 88 

When orders of clerk for teacher's pay illegal ,. 88, 89 

Duties of clerk as to statistics, etc. ....89, 90 

Publication of receipts and disbursements by clerk 90 

Clerk to deliver books, etc., to successor 90 

How treasuBer and clerk to keep accounts 90, 91 

Compensation of treasurer and clerk 91 

Annual report by board of education .. .... ..... 91, 92 

In what form to be made, etc 92 

Reports by superintendents and teachers... 92, 93 

Penalty against clerk for failing to make report to county auditor ..93, 94 

Who may be employed as teacher 100 

Boards of certain village districts may appoint examiners 105 

Shall fix compensation of such examiners 104 

Who ineligible as examiner ...................... . 105 

SPECIAL DISTRICTS— 

Definition of. — 7 

Board of special district — how constituted 24 

•' " how increased 24 

Election of members -. 24 

Notice and conduct of election...... 25 

How special district abandoned 25 

Members of the board to become directors — — . . 26 

Disposition of property, etc -.-• • 26 

Estimate and levy for contingent fund . . — .. .- 39 

Limitation of levy for contingent fund -» 39 

When estimate to be certified to county auditor 39 

Apportionment of school funds by county auditor 41 

Distribution of money after apportionment - - - 42 

County commissioners to levy contingent fund when board neglects 44 

Powers of board of education - 45 

What property boards have title to — - 46 

School property exempt from taxation.... .= 47 

Conveyances and contracts -. = - 47 



180 OHIO SCHOOL LAWS. 

SPECIAL DISTKICTS— Continned— page 

Board may accept bequests .„.. ..„,.„„„„.,..=,,. 47 

Process against board, and bow served ....„„ .. ,. .. .. 48 

Duties of prosecuting attorney and city solicitor ........... 48 

Tie Totes to be decided by lot , .... .... .... ..., ..„ ...„ .... 48 

When to appoint.... „ ...........= „................... 48 

Oath of members and other ofiScera „ .....= ..„ ,. 49 

Organization of board „.... .... .... ........... 49 

Vacancies in board, how filled 49, 50 

Quorum of board .......„.,.„.„ 50 

Yeas and nays to b© taken in certain cases. .... ^.. .......50, 51 

Absence of president or clerk 51 

Record of proceedings and attestation thereof. ....... ................. 51, 52 - 

Board to make rules and regulations ,. .... ....... ...... .... 52 

Illegal meetings 52 

Board to make and enforce rules for TaccinatioE.... ...,...„..„. ...... ,.... 52 

Board to provide school-houses 53, 54. 

Directions for bidding and for letting contracts...... .. .... ...... ......55, 56 

When boards may appropriate property 57 

When and how question of tax levy submitted to voters 57 

If levy approved, board to certify it to auditor 58 

How the levy may be anticipated ..... 58 

Board may appropriate money far library, etc ......................... ....59, 60 

SufiBcient schools must be provided. .. . ... ..64, 65 

Schools for colored children .. .. ... ...... ...... .... ...... ...... .... «- 

Schools of higher grade than primary l 

Schools at " children's homes," orphan asylums, and county infirmaries 65 

Who may be admitted to public schools 67, 66 

Suspension and expulsion of pupils .... ...... .... ...... ...... . 68 

Teachers may dismiss schools on holidays 68 I 

School year, month, and week , 68 ' 

Board to control schools and appoint officers ... ................. .... 69, 70, 69 • 

Board to determine studies and test- books .... 71 U 

When German language to be taught 73 ! 

Bending of pupils from one district to another ...................... „ 74, 74 =1 

Children must attend school ... 75 ''I 

Unlawful to employ children who have not attended school .............. ..75, 75 

Board to ascertain condition of children not at school 76 

When board may supply pupils with books 76 ! 

Penalties for violation of certain provisions ...... .... . ,.,... .... .... .. 76, 77 ■ 

Clerk must prosecute ... ............ 77' 

Equivalent to attendance on day school ...... .. ...... ...... ...... .... ...... 77 

Yearly enumeration of youth .... ..... ...... ....78, 79 

Qualification and pay for taking enumeration 79 

Clerk to employ persons to take enumeration...... ...... .... .... .... ......79, 08 

Clerk to transmit abstract to county auditor 81 

Auditor to act when clerk fails _ 81 

Duty of auditor when county line divides original surveyed township 81, 82 

School funds forfeited when enumeration not taken.... o....... 82 



OHIO SCHOOL LAWS. 181 

jPECIAL districts— Continued— . pagb 

Penalty for making fraudulent returns 83 

Who to be treasurer of 8cliool funds 83 84 

Treasurer to give bond, and produce funds, etc ....84, 85 

Annual settlement by treasurer -with county auditor 85, 86 

Penalty for failure to make such settlement , 86 

Treasurer to report balance to board 86 

When treasurer may receive or pay money .. .... .... ...... .... .... 86, 87 

Amount of funds treasurer may hold... ...... .... , 87, 88 

Treasurer to deliver money, etc., to successor 88 

Clerk shall execute bond 88 

When orders of clerk for teacher's pay illegal .. .. 88, 89 

Duties of clerk as to statistics, etc ..88, 90 

Publication of receipts and disbursements by clerk 90 

Clerk to deliver books, etc., to successor 90 

How^ treasurer and clerk to keep accounts...... 90, 91 

Compensation of treasurer and clerk .. 91 

Annual report by board of education ........................ .„ 91, 92 

In what form to be made, etc ....- 92 

Reports by superintendents and teachers 92, 93 

Penalty against clerk for failing to make report to county auditor 93, 94 

Who may be employed as teacher 100 

TOWNSHIP DISTRICTS— 

Definition of .......................... 6 

Boundaries of sub-districts not changed 7 

Transfer of territory from one district to another 7 

Township boards may become village districts 8 

How vote shall be taken. 8 

flow board organized 9 

Board of education — how constituted and organized ... 19 

Election and qualification of directors ,. . 19 

Notice and conduct of election 20 

Meeting of directors of sub-district 20 

How vacancies in sub-district board filled 21 

Regular and special meetings of township board.. . .................. 22 

Map of township district ; change of sub-districts ., .......... 22 

Elections in new sub districts 23 

Estimate and levy for contingent fund 39 

Limitation of levy for contingent fund 39 

When estimate to be certified to county auditor .... .... 39 

Apportionment of school funds by county auditor...... 41 

Distribution of money after apportionment 42 

Apportionment of contingent fund by board of education 43 

County commissioners to levy contingent fund when board neglects .. 44 

Powers of board of education... 45 

What property board has title to.. . 46 

School property exempt from taxation 47 

Conveyances and contracts 47 

Board may accept beq^uests 47 



182 



OHIO SCHOOL LAWS. 



TOWNSHIP DISTRICTS— Continued— page 

Process at^ainst board, and how served .„ ... ,.,. ,. . ...... 48 

Duties of prosecuting attorney 48 

Tie vote to be decided by lot... 48 

When to appoint , 48 

Oath of members and other officers 4U 

Organization of board 49 

Vacancies in board, how filled ...49, iO 

Quorum of board ... 50 

Yeas and nays to be taken in certain eases.... 50, 51 

Absence of president or clerk , 51 

Record of preceedings and attestation thereof 51, 52 

Board to make rules and regulations 52 

Illegal meetings „ 52 

Board to make and enforce rules for vaccination „ . 52 

Board to provide school-houses 53, 54 

Directions for bidding, and for letting contracts.... .55, 56 

When board may appropriate property , 57 

Erection of school-houses in joint sub -districts ...:........ 56, 57 

When and how question of tax levy submitted to voters 57 

If levy approved board to certify it to auditor .... 58 

How the levy may be anticipated ....58, 59 

Board may appropriate money for library, etc.... 59, tiO 

Sufficient schools must be provided 64, 65 

Schools for colored children ...... ...... .... .... .... .... 65 

Schools of higher grade than primary 65 

Schools at " children's homes," orphans' asylnms, and county infirmaries 66 

Who may be admitted to public schools 67, 68 

Directors to employ, pay, and dismiss teachers 71, 72 

Teacher dismissed for insufficient cause may institute suit 72, 1'.i 

Board to determine studies and text-books..., 7\i 

When German language to be taught 74 

Sending of pupils from one district to another.... . ..... ... ...... .. 74, 75 

Children must attend school 75 

Unlawful to employ children who have not attended school..., ....75, 76 

Board to ascertain condition of children not at school ....,.„....., 76 

When board may supply pupils with books ...... .... .... 76 

Penalties for violation of certain provisions .. .... ..76, 77 

Clerk must prosecute 77 

Equivalent to attendance on day school .. ...„ .... .. 77 

When yearly enumeration of youth to be taken ......78, 79 

Qualification and pay for taking enumeration in sob-districts 79 

Clerk of board of directors to take enumeration .. 80 

Clerk of board of education to transmit abstract to county auditor ,.... 81 

Auditor to act when clerk fails 81 

Duty of auditor when county line divides original surveyed township 81, 82 

School funds forfeited when enumeration not taken 82 

Penalty for making fraudulent returns 83 

Who to be treasurer of the school funds ..„. ..83, 84 



OHIO SCHOOL LAWS. 183 

TOWNSHIP DISTRICTS— Continued— page 

Treasurer to give bond, and produce funds, etc ........ ...84, 85 

Annual settlement by treasurer with county auditor 85, 86 

Penalty for failure to make such settlement 86 

Treasurer to report balance to board 86 

When treasurer may receive or pay money ............86, 87 

Amount of funds treasurer may hold... 87, 88 

Treasurer to deliver money, etc , to successor . 88 

Clerk shall execute bond .......... 88 

When orders of clerk for teachers' pay illegal .....88, 89 

Duties of clerk as to statistics, etc '"9, 90 

Publication of receipts and disbursements by clerk 90 

Clerk to deliver books, etc. , to successor 90 

How treasurer and clerk to keep accounts- ...... .... ...... .... .... .... ....90, 91 

Compensation of treasurer and clerk .... . . 91 

Annual report by board of education ....91, 92 

In what form to be made, etc 92 

Reports by superintendents and teachers.. 92, 93 

Penalty against clerk for failing to make report to county auditor ,.93, 94 

Who may be employed as teacher 100 

JOINT SUB-DISTRICrS— 

Township boards may establish by mutual agreement » .......... 27 

How the school governed anji supported...... 28 

May be established on petition 28 

What petition to contain .. .... 29 

Clerks to give notice of filing, etc 29 

When petition may be filed with probate judge 29 

Security for costs to be given - 29 

Time and place of meeting of commissioners...... 30 

Publication of notice 30 

Commissioners to be appointed 30 

Oath and duties of commissioners...... ... .. ........ 30 

Clerks to have present plats and papers 31 

The report of commiseiouers...... .................... 31 

Eff'ect of the report 31 

Judgment for costs, what fees allowed.. 32 

Report and judgment for sub-districts.... ............ 32 

How costs paid in such case 32 

Petition for change of lines and for creating other districts 33 

Proceedings thereon 33 

When such petition may be filed with probate judge.... 33 

Election, duties, etc., of directors .. 34 

Power to change joint sub-districts limited...... 34 

Contingent fund for joint sub-district .- 40 

Same when county line divides such sub-district. 41 

Erection of school-houses in joint sub-districts -. 56, 57 

Who may be admitted to the public schools ....67, 68 

Suspension and expulsion of pupils -- ...... 68 

Teachers may dismiss schools on holidays - — 68 



184 



OHIO SCHOOL LAWS. 



JOINT SUB-DISTEICTS-Contmued— page 

School year, month, and week .,. 69 

Board to control schools and appoint officers 69, 70, 71 

Equivalent to attendance on day school 77 

Enumera,tion in joint sub-districts 80 

School funds forfeited when ennaieration not taken . 82 

Penalty for making fraudulent returns 83 

Who may be employed as teacher ...... .... ., 100 

SCHOOL FUNDS— 

The "State common school fund" 35 

Interest upon proceeds of salt and swamp lands 35 

The ' ' common school fund" 36 

Accounts of common school fund — ^how kept, etc...... 36 

Bequests, etc., in trust for common school fund 36 

Apportionment of school funds by auditor of state 37 

To what county common school fund paid when county line divides original 

surveyed township „.. 38 

Funds of district in more than one county 41 

EXAMINERS— 

State board of, appointment, term of office, and vacancy..., ...... ...... ....95, 96 

Board may grant life cer tiiicates ...... . .. QQ 

Shall keep record ... , 96 

Certificates must be countersigned by state commissioner 96 

Certificates may be revoked by board 96 

Fee for examination.... 96 

Probate judge to appoint county board of examiners... 96, 97 

Term of board 97 

V.-^cancies in board ... . ........ .......... ... 97 

Who ineligible as examiner .... ...... .... .... .... .... .... .... .... ....97, 98, 105 

President and clerk of board ......... 98 

Certain duties of clerk...... „......., ,. 98 

Meetings of board, notice of to be published.. .... .... .... .... ...... .... .... 98 

Meeting, number of, annually.... ,. 98 

Fee for examination... 98 

Fees to be paid to county treasurer quarterly ........... 93, 99 

Traveling expenses of board.... 99 

Validity and revocation of certificates ......99, 100 

Certificate a pre-requisite to employment.... .. .... .... ...... 100 

Special studies 100 

Compensation of examiners .., ................. ........ 101 

Incidental expenses of board 101 

Annual report of clerk ......101, 10.2 

Bond of clerk 102 

Board of examiners for city districts of the first class.... ........102, 103 

Board to determine the standard of qualification for teachers...... .......... 103 

Organization of board 103 

Bond of clerk 103 

Meetings, and publication ot notice.. .103, 104 



OHIO SCHOOL LAWS. 185 

EXAMINERS— Continued— pagb 

Examination fee . „ 104 

Powers of board 104 

Compensation of examiners.... .......... 104 

Incidental expenses of., 104 

Duties of clerk 104, 105 

Disposition of fees. „ ...104, 105 

Board of examiners of city districts of the second class and village districts.. 105 
Who ineligible as examiner.... 105 

TEACHERS— 

Not to suspend or expel pupils .... „ 68 

May dismiss schools on holidays 68 

To be employed, in certain districts, by board of education 70 

May be dismissed for certain cause 71 

To be employed, in township districts, by directors of sub-districts 71 

Township board may increase but not diminish salaries or pay ... . 71 

May be dismissed by sub -district directors for suificient cause 71 

May be paid at end of month or end of term , 71 

When township shall employ teachers...... 71 

Teachers dismissed by directors of sub-district may institute suit...... - 72 

Teachers required to make reports ... 92 

Pay to be withheld for failure to make reports ,., 92 

Certificate a pre-requisite to employment 100 

" may be revoked 100 

Teachers in certain districts may dismiss school to attend institute 107 

TEACHERS' INSTITUTES— 

Teachers' institute, how organized .. . 106 

Managing committee to give bond 106 

Payment of institute fund to committee 106 

Balance on hand to be returned to county treasurer ... 106 

Institute committee to report within thirty days 107 

Penalty for failing to report 107 

Proceedings on forfeiture of committee's bond 107 

When school commissioner to hold institute ... 107 

Teachers may dismiss school to attend institute - -. 107 

Institute for city districts of the first class 108 

Institute for teachers of adjacent counties ... 108, 109 

Length of session - 109 

Report of certain institutes.... ....... -. — - 109 

DUTIES OF COUNTY AUDITORS— 

To assess estimate certified by boards of education 39, 40 

To add estimate made for joint sub-districts . 40 

" " " when county line divides such 

sub-district 41 

To make settlement with other county auditors 41 

To make apportionment of school fuhds 41, 42 

To distribute money after apportionment - 42, 43 

To collect fines, etc., and inspect section sixteen accounts 45 



186 



OHIO SCHOOL LAWS. 



DUTIES OF COUNTY ATDITORS-Continued— page 

To place special levy upon tax duplicate » 58 

When to take enumeration.... 81 

Duty when county line divides original surveyed township.... .... ...... 81 

Auditor to furnish abstract of enumeration to state commissioner 82 

To give certificate of settlement to treasurer 86 

When to institute suit against treasurer • 86 

To file bond of clerk of board.... ......... 88 

To supply clerk and treasurer with blank book .. 90 

Duties of auditor as to school statistics, etc.. 93 

Penalty against auditor .., 93 

When to appoint person to make reports .................... 94 

Further penalties against auditor 94 

Compensation of auditor ..... _. 94, 95 

When to give order for institute fund ......................... .......... 106 

CmCUSTNATI AND TOLEDO UNIVERSiriES— 

Common council of Cincinnati may accept educational trusts 109 

How trust funds to be applied 110 

Trusteeship to vest in city, etc ......110, 111 

Board of directors Ill 

How appointed, etc 111 

Powers of board.. 112 

Citizens not be charged for admission of children. 112 

Accounts and expenditures 113 

When board may confer degrees .. ....... . 113 

Site and grounds...... 113 

When and how tax may be levied..... 113 

Provisions applicable to the city of Toledo 114 

Rate of tax 114 

STATE COMMISSIONER OF COMMON SCHOOLS— 

Commissioner shall be elected „ 117 

Term of office 117 

Vacancy, how filled 117 

Official bond 117 

Oath of office.. 117 

Office, etc., at seat of government 117 

Duties in visiting the several judicial districts 118 

Supervision over school fands , 118 

Power to require reports from certain officers. ..». 118 

Shall prepare forms, etc 118 

Duties as to distribution of school laws .. 118 

Shall make annual report 119 

What shall be embraced in report..... 119 

Power to require reports from private schools . 119, 120 

Shall prescribe form for abstract of enumeration 81 

Shall prescribe blanks for auditors' abstract of enumeration 83 

When to have enumeration retaken 83 

Shall require auditors to distribute circulars, blanks, school laws, etc 93 

Shall issue certificate for auditors' compensation 94 



OHIO SCHOOL LAWS. 187 

STATE COMMISSIONER OF COMMON SCHOOLS— Continued— page 

Power to appoint state board of examiners , 95 

Shall countersign state certificates 97 

When to hold teachers' institute 107 

Datieson complaint of fraudulent use of money „ .. 120 

To appoint an accountant to investigate charges...... 120 

Powers and duties of such accountant or examiner 120, 121 

His compensation 121 

Payment thereof 121 

What report to be given in charge of the grand jary 121, 122 

Duty of prosecuting attorney.... ...„ .... .... ...... .„,„ ...... ...„ .. .... 122 



OPIMOA^S AND INSTRUCTIOIS^S. 



ACTS— PAGE 

of de facto officer valid until removal 48 

ADMISSION— 

of children outside of district 74 

ANTEDATING— 

of certificates 99 

APPEAL— 

to county commissioners 7 

APPORTIONMENT— 

of school funds 38 

ASSISTANT TEACHER— 

must have legal certificate in order to receive pay 89 

ATTENDANCE— 

compulsory 77 

AUDITOR— 

supervision of over school moneys , 85 

BOARD OF EDUCATION— 

change of residence of members 9 

organization of 19, 21 

■when business to be done , 21 

notice of meeting and reception of 21 

•when notice not required 50, 51 

adjourned meetings of....... , 22 

fcee from certain liabilities 46 

succeeds to certain rights 46 

employment of members illegal 47 

suits against 48 

vacancy in 49 

limitation of term 49 

members of voting on business matters 50 

a corporate body „ 50 

must act at a meeting 50 

to prescribe course of study 73 

duty of in regard to course of study 74 

stationery for 92 

township, liability of directors for illegal contracts 54 

" directors of must report contracts 54 

" to control colored schools 65 

" how becomes vested with powers of village board 8 



OHIO SCHOOL LAWS. 189 

CERTIFICATES— . page 

antedating of.. .." ....oo..-. ......o.^.o.. ...... 99 

revocation of 99 

requisites for .........,.,......„„ .................... .......... 100 

CLERK— 

duties and liabilities of 89 

township, his rights ..-. 19 

liable for all damages resulting from neglect to take enumeration ...... ...... 38 

pro tempore 21 

when should appoint directors 22 

orders on, not negotiable 50 

COLORED SCHOOLS 65 

COMPULSORY ATTENDANCE 77 

CORPORAL PUNISHMENT— 

sanction of .................................... 69 

not to be cruel or oppressive 69 

teacher's right to inflict 69 

teacher's liability for inflicting 70 

COUNTY COMMISSIONERS— 

may be appealed to against transfer ........................................ 7 

when to act as board of education 44 

when they may appropriate fands for erection of school houses.... ....... — 54 

DIRECTORS— 

when township clerk should appoint ........,...= .. ...--. - .... 22 

to be building committees in township districts.... ...... .... ...» ...... . — . 43 

employment of teachers by 72 

liability of for illegal contracts 54 

required to report contracts ...» .... -•-= ---- •.-.-- «'>4 

DISTRICTS— 

school defined ,.............„....... = ....................-..-.•..- 5 

names of certain obsolete .....................=o.... ..-.-.=-.. ■..--.-- 7 

sub, defined ......„........-............<... = » .....7, 23 

sub, considerations in forming .......... ...» ■ --•■- ---- §3 

3ub, change of boundaries of......... 23, 22 

sub, joint, how formed ....27, 29 

" teacher thereof .................... ......................... 27 

" clerk's residence of.... .... .... .- — -- ...... 28 

" how supported ....»- ...» .... ...... 2& 

ELECTIONS— 

electors of wards to rote at ward polls, etc .... ...... .... ............... .... t'<^ 

time of notice of 15 

purpose to be stated in notice.. = - »--- ....-»...--. 15 

township board not to decide as to legality of — .. .. .... .... ...<. .. .... ...... 19 

time noted on ballots --- ...o...... 1^ 

for directors, who may vote.. -- .-.......-..- IJ 

manner of electing superintendent or teacher...- .=.»..-<•». .=a. ......•..--»«=. 51 



190 OHIO SCHOOL LAWS. 

EMBEZZLEMENT— page 

by school officers „..„.... „.,......„............„...„.........„.„„ 86, 87 

ENUMEEATION— 

of youth, who included in....„ .... .... .... .. 78, 79 

pay for taking 79 

care in taking.. ............... 83 

when auditor may take.... .. ... .... .... .... .... . 38 

EXAMINERS— 

legal qualifications of. 96 

must take oath 97 

removal of 97, 98 

vacancy in office of 96 

liability of for fees 99 

fees to be paid quarterly 98, 99 

traveling expenses 99 

meetings of. ,. 99 

compensation of 101 

current expenses . ..... . . 101 

certain persons ineligible as 105 

FINES— 

how distributed ......... . 38 

FUNDS— 

apportionment of.... .................................. 38 

supervision over by school commissioner 38 

in township treasury apportioned, how, when village district is formed 17 

GERMAN— 

in schools 74 

INJUNCTION 48 

INSTITUTES— 

teachers should organize 106 

duties of executive committee ..... 106 

certain teachers may dismiss school for . 107 

and teachers of graded schools.... 108 

funds not disbursed must be returned to county treasurer (sec. 4087) .... 106 

MANDAMUS 48 

ORDERS— 

for teachers' pay ..... ..... 89 

remedy against illegal.... 89 

in hands of a purchaser 89 

QUO WARRANTO.. 48 

RELIGIOUS INSTRUCTION— 

not enjoined 73 

SCHOOL DISTRICT— 

defijied _ 5 



OHIO SCHOOL LAWS. 

SCHOOLS— PAGE 

protected from disturbances.. 47 

for colored children . . 65 

SCHOOL FUNDS— 

supervision over by state commissioner 38 

kinds of , .39, 40 

to what purposes applied ., ,. 39, 40 

retained in custody of treasurer 43, 54 

apportionment of to sub-districts 43 

remedy for illegal distribution 43 

SCHOOL HOUSES— 

custody of ........................... 53 

use of.... 53 

selection of sites for.... 54 

SCHOOL PROPERTY— 

protection of,... .. ..........„....... = ....... 47 

STATE COMMISSIONER— 

supervision of over funds 38 

STATIONERY— 

for boards of education 92 

SUSPENSION— 

from school .................. ......o...... ........... ........ 68 

damages for vrrongf ul 68 

TEACHERS— 

in children's homes, orphans' asylums, etc., must have certificates. .......... 65 

di-missalof ....69, 70, 71 

liability of for inflicting corporal 'lunishment 70 

may punish pupil for misconduct after dismissal of school 70 

employ ment of by directors 72 

" " township board 72 

wages of in township districts .............................................. 72 

payment of ............... — 72 

orders for pay of .„....,, ................... 89 

certificate for time of service...... ...... ... 89 

must keep register ........ 92 

should organize institutes 106 

certain may dismiss school to attend institutes... ... ...... ...... ...... ...... 107 

TERRITORY— 

attached for school purposes 5, 6 

detached " *' .................. 6 

transferred . - — ................... 7 

withdrawn from township district .:..-. 16 

TITLE— 

to school property transferred.. 17 

TOWNSHIPS— 

change of boundaries.. — ..... .... .... .... .... 7 



192 OHIO SCHOOL LAWS. 

TREASURER— page 

in certain districts 84 

release of surety of ....... 84 

pay of — - 91 

bond required in ail cases 84 

official bond to be recorded .- 84 

certified copy of to be sent to auditor 84 

TUITION— 

of non-resident pupils - 74 

VILLAGE— 

forfeiture of charter, eitect of.... 18 



APPENDIX— FORMS AND INSTRUCTIONS. 



CHAPTER I.— FORMS FOR SCHOOL DIRECTORS— page 

1. Notice of sub-district school meeting 125 

2. Tally-sheet]of sub-district election 126 

3. Notice of special school meeting 126 

4. Minutes of sub-district school meeting „ _ 127 

5. Certiiicate of election of school directors 127 

6. Oath of school director 127 

7. Appointment of school director 127 

8. Meeting of school directors 128 

9. Contract between directors and teachers ., 128 

10. Certificate for teachers' pay 128 

11. Contract for fuel, repairs, etc. 128 

12. Certificate of amount due for fuel, etc 129 

13. Dismissal of teacher 129 

14. Visit to school 130 

CHAPTER II.— FORMS FOR TOWNSHIP BOARDS OF EDUCATION- 
IS. Notice of meeting to vote a tax for building purposes „. 130 

16. Notice of special meeting of township board 130 

17. Certificate of annual estimates .,.--. .. 130 

18. Certificate of annual estimates for joint school 131 

19. Different modes of altering sub-districts ..131, 132 

20. Notice of election in a new sub-district 132 

21. Organization of a joint sub-district school 132 

22. Petition to board of education ....„ 1.33 

23. Clerk's notice to members of board 133 

24. Petition to probate judge .......... 133 

25. Appointment of commissioners by probate judge — 134 

26. Report of commissioners ... . — 134 

27. Assignment of schoi ars to .central high school „.. 134 

28. Appointment of librarian 135 

29. Bond of librarian - 135 

30. Order on township treasurer for teacher's pay 135 

31. Order on treasurer other than for teacher's pay 136 

32. Form of deed... 136 

33. Form of lease - 137 

CHAPTER III.— ENUMERATION FORMS— 

34. Enumeration of youth in sub-districts containing no school-land territory. 138 

35. Enumeration of youth in sub-districts containing school-land territory.. 139 
^ 36. Enumeration returns of township clerk to county auditor 140 

37. Auditor's return of enumeration to State commissioner 141 

13 



194 OHIO SCHOOL LAWS. 

CHAPTER IV.— FORMS FOR CLERKS, TEACHERS, AND TREASURERS— page 

38. Bond of township treasurer as treasurer for board of education 142 

.39. Certificate of treasurer's bond 142 

40. Bond of treasurer for village or special school district 143 

41. Bond of clerk — village or special school district 143, 144 

42. Clerk's bond — township board of education 144, 145 

43. Report and certificate of school funds in treasury 145 

44. Final receipt of township treasurer 146 

45. " " clerk... 146 

46. Teacher's daily register 147 

47. '■'■ term register 148, 149 

48. " report to the township clerk 150, 151, 152 

49. Township clerk's abstract of sub-district teachers' reports 153, 154, 155 

50. Report of the board of education 156 

51. Township treasurer's general account with township 162 

52. " " account with the several sub-districts 163 

.53. Report of the township treasurer to the county auditor 164 

CHAPTER v.— FORMS FOR SCHOOL EXAMINERS, AUDITORS, ETC.— 

.54. Appointment of school examiners 165 

.55. Revocation of appointment of school examiner 166 

56. Notice of meetings for the examination of teachers 166 

57. Teacher's certificate 166 

58. Revocation of teacher's certificate 167 

59. Quarterly report to county treasurer 167 

60. Form of school examiner's register 168 

61. Report of school examiners to state commissioner 169 

62. Auditor's report of teachers' institute fund 170 

63. Constitution for county teachers' association 170 

64. Report of colleges, seminaries, and academies 171 



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